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(영문) 울산지방법원 2018.03.21 2017고단3913
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On November 3, 2017, the Defendant injected approximately 0.1g of Mesophical ambane (one philopon) at the Defendant’s house located in Ulsan-dong, Ulsan-gu, U.S., U.S., U.S., and U.S., 2017, after dilutioning about 0.1g of Melopon (one philopon), which is a primary mental medicine, into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

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

1. The sentencing guidelines [the scope of recommended punishment] Medication, simple possession, etc. of the three types (b) basic areas (one hundred months to two years) (special mitigation or aggravation) / The number of self-denunciation / the same criminal records and the same criminal records (not less than the suspension of execution within three years);

2. Normal circumstances favorable to the determination of sentence: The defendant was voluntarily surrenders to the investigative agency that he/she made a statement that he/she would be able to make a confession and in depth: The defendant was sentenced to two years of suspended sentence on July 20, 2017 for a violation of the Narcotics Control Act at the Changwon District Court on July 20, 2017, and was sentenced to two years of suspended sentence on July 28, 2017, and the judgment became final and conclusive on July 28, 2017, and committed the instant crime during the period of suspended sentence for the same crime, and therefore, the criminal liability is not less and is a person subject to suspended sentence

Therefore, punishment should be sentenced.

In light of the above-mentioned favorable circumstances, the following factors are considered as favorable to the Defendant: (a) the Defendant has a decent relationship with his family members; and (b) all of the suspended sentences until a final and conclusive judgment becomes final and conclusive; and (c) other factors of sentencing, such as the Defendant’s age, sexual conduct, environment, motive for crime, etc., are to be determined at a level lower than the above sentencing guidelines.

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