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(영문) 울산지방법원 2016.05.30 2016고단798

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

3.7 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 7, 2012, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Ulsan District Court on September 7, 2012 and completed the enforcement of the sentence on May 8, 2013, and is not a narcotics handler.

1. On September 14, 2015, the Defendant was parked in a way near D located in Ulsan-gu C around Sep. 14, 2015

E sold at least KRW 10.35g 3,50,000 to E, a machine clock, a local mental medicine, to E.m. (one penphone, hereinafter referred to as “clockphone”).

2. On March 10, 2016, the Defendant injectedd 0.05g of philophones into a single-use injection machine in a toilet located in the F River of Ulsan-gu, Ulsan-gu, Ulsan-do, and dilution with water, and administered them to the left sprinke.

3. On March 18, 2016, at around 23:30, the Defendant injected approximately 0.05g philopon into a disposable cafeteria near the H restaurant located in Ulsan-gu G, Ulsan-gu, and dilution with water, and administered the Defendant on the left hand hand.

Summary of Evidence

1. Part of the Defendant’s statement in court - The Defendant’s statement to the effect that a confession is administered, but that there is no sale fact - The Defendant’s statement to E, which corresponds to the sale fact as a result of the examination of the witness, is believed in light of the degree of attitude of his statement, etc., and thus, the judgment becomes final and conclusive upon being sentenced to imprisonment with labor for one year for a violation of the Act on the Control of Narcotics, Etc. due to Possession of 10.35g Philphone

1. Legal statement of witness E;

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and the application of investigation reports (netly 44,45) 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 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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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