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(영문) 울산지방법원 2012.11.02 2012고단1816

마약류관리에관한법률위반(향정)

Text

A person shall be punished by imprisonment with prison labor for two months with prison labor for the crimes of No. 2 as stated in the judgment of the defendant, respectively.

Reasons

Criminal facts

[criminal power] The Defendant, at the Changwon District Court on September 22, 2008, sentenced one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Daegu Prison on May 5, 2009, and on December 30, 2009, at the Seoul East East District Court sentenced one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and became final and conclusive on April 20, 201, and was not a person handling narcotics, for whom the execution of the sentence was completed in the Seocheon Prison on May 21, 201.

【Criminal Facts】

1. On June 15, 2009, the Defendant issued approximately 0.09g of psychotropic drugs to D, i.e., a psychotropic drug, on the side of an insular road (hereinafter referred to as the “sonopon”; hereinafter referred to as the “sononononon”) around 20:30 on June 15, 2009.

2. At around 20:00 on June 5, 2012, the Defendant administered approximately 0.03g of psychotropic drugs, in a way of drinking water, at the seasides adjacent to the Jinhae-gu Empik Empiz, Changwon-si, Changwon-si, by a method of sculping approximately 0.03g of psychotropic drugs into water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Investigation report (report on the market price of narcotics and replies with results of appraisal);

1. Previous records of judgment: Application of inquiry reports, investigation reports (reports on confirmation of the previous records of the same offense and the date of confirmation of the final judgment, and reports on the criminal records of suspects' repeated crimes);

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts and the selection of a sentence, each of which constitutes imprisonment.

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 of the Criminal Act and the former part of Article 39 (1) of the Criminal Act for concurrent crimes (the first crime at the time of sale);

1. The sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are confessions by the defendant, but each crime has been committed during the period of repeated crime, including equity in concurrent judgments, and the sentencing factors indicated in the records such as the defendant's age, character, conduct, intelligence, environment, etc.