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(영문) 울산지방법원 2016.08.24 2016고단603

마약류관리에관한법률위반(향정)

Text

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

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

350,000.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for one year and six months, and on May 13, 2015, and was not a person who completed the execution of the sentence and is not a narcotics handler.

1. On January 8, 2016, the Defendant received and delivered philophones (delivery) from G at the front of the entrance of the Felel located in Ulsan-gu E on January 8, 2016, about 0.13g of philophones, a local mental medicine, at the direction of the entrance of Ulsan-gu E.

2. Around 14:00 on February 29, 2016, the Defendant administered opon medication by inserting approximately 0.05g of oponon into a single-use injection machine at 207 heading rooms located in Busan Jung-gu in H, and administering opon in a way of injecting it into the left part of the blood.

3. On March 4, 2016, the Defendant: (a) filed a lawsuit in a manner that keeps approximately 0.31g of philophones, remaining after being administered in the same place as above, at around 14:20 on March 4, 2016, by inserting them in a single-use injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Seizure records;

1. A gene assessment report (net 40);

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 (37 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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent 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 6월 하한 ☞ 필로폰 교부 가중영역 (3 년 이내 집행유예 이상 동종 전과) 의 하한 인 징역 1년 6월을 전체 하한으로 하여 다수범죄 처리기준 적용 마약 자체의 해악, 동종 누범기간 중 아무런 뉘우침 없이 재범한 점이나 동종 범행의 반복성, 재범의 위험성 등을 종합하여 실형을 선택하되, 기록과 변론에 나타난 수사 협조, 범행 경위, 반성태도 등 여러 정상을 아울러...