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(영문) 울산지방법원 2019.05.22 2019고단386

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On January 27, 2019, at around 18:00, the Defendant administered approximately 0.03g of psychotropic drugs in the front of the C coffee shop in Hadong-gun B, Hanam-nam, by a method of hanging them on a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (verification of a suspect at the time and place of committing the crime A), and telephone conversations;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes on investigation reports, monthly trend of narcotics, etc.;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Special Convicts] - Important investigative cooperation - Aggravation elements: Important investigation cooperation - At least a suspended sentence for the same kind of crime (at least three years of suspension of execution): Basic area (the scope of recommendation area and recommendation range) and ten to two years of imprisonment (no general person of imprisonment)

3. In full view of all the circumstances revealed in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence shall be determined as ordered within the range of recommended punishment according to the sentencing guidelines, comprehensively taking into account that the defendant made a confession of the crime in this case and is divided, that the defendant has an important investigative cooperation, that the defendant committed a second case without being able to do so during the period of suspension of execution (the present period of suspension of execution is limited to the period of suspension of execution), that the defendant has the same force three times, and that there