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(영문) 울산지방법원 2017.02.08 2016고단3934

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated as provided for in subparagraphs 1 and 2.

10,000 won from the defendant.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to two years for a violation of the Narcotics Control Act at the Ulsan District Court (hereinafter referred to as the “Act”), and was on March 11, 2016, and was not a person who completed the enforcement of the Act, nor a person who handles narcotics.

On October 28, 2016, around 19:00, the Defendant administered a medication in a way that Meet cump cudio 304 of Ulsan-gu, Ulsan-gu, a primary mental medicine, contains approximately 0.05g of Mephere in a single-use injection instrument, and treats it with raw water by dilution.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A statement on narcotics appraisal;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to a report on confirmation of the fact of release from prison (18 times a year);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. 추징 마약류 관리에 관한 법률 제 67조 단서 [ 양형이 유] 양형기준 : 징역 1년 하한 ☞ 필로폰 투약 가중영역 (3 년 이내 집행유예 이상 동종 전과) 동 종 누범인 점이나 동종 범행의 반복성, 재범의 위험성 등을 종합하여 실형을 선택하되, 기록과 변론에 나타난 수사 협조노력, 범행 경위, 반성태도, 이 사건 투약 횟수 등 여러 정상을 아울러 참작하여 양형기준 범위 내에서 주문과 같이 형을 정함