beta
(영문) 울산지방법원 2015.11.25 2015고단1744

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Ulsan District Court on April 1, 2014, and completed the execution of the above sentence at the Ulsan Detention House on April 1, 2014.

The defendant is not a person handling narcotics.

1. On July 2015, the Defendant administered approximately 0.06g of psychotropic drugs at the Defendant’s home located in Ulsan-gu, Ulsan-gu, by means of infecting them to the Defendant’s arms using a disposable injection device.

2. On July 16, 2015, at around 23:00, the Defendant administered approximately 0.06g of philophones in a manner that injects the Defendant’s arms using a disposable injection device at the same place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Previous convictions: References to criminal records and the application of reporting Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, Article 334(1) of the Act on the Aggravated Punishment of Crimes No. 1 [Scope of Recommendation] , Medication, simple possession, etc. 3 (in the case of items (b) and (c) and (b)) 3 (in the case of 10 to 2 years) basic areas (in the case of 10 to 2 years), medication, simple possession, etc. / The scope of final sentence according to the aggravated punishment of multiple basic areas (10 to 10 years) : 10 to 3 years [Determination of Sentence], despite the past record of punishment several times as a drug-related crime, recidivism is committed while a repeated crime is committed during the period of repeated crimes

On the other hand, there are favorable circumstances such as the confession of crimes and cooperation in the investigation of narcotics cases, and the fact that the people including the defendant's wife want to take the preference.

The punishment shall be determined as per the order, taking into consideration the circumstances of crimes, age of the defendant, and all other circumstances.