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(영문) 울산지방법원 2018.08.22 2018고단1314
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

On July 24, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on July 24, 2015, and completed the execution of the sentence at the port prison on April 22, 2016.

Defendant is not a narcotics handler.

On April 24, 2018, around 07:30, the Defendant: (a) inserted approximately 0.05g of Metectop curine (hereinafter “loppopon”), a primary mental medicine, into a single-use injection instrument; and (b) injected the Defendant’s left hand, etc. by means of injection.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (prior convictions);

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

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. Assistance in important investigation (special mitigation or aggravation of punishment) in the basic area (one hundred months to two years) of the sentencing criteria [the scope of recommended punishment], medication, simple possession, etc., of the same kind and the same criminal records (at least three years of suspended execution within the period of three years);

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: Cooperation in an important investigation to state that he/she is confession and in depth. The punishment shall be determined at a level lower than the sentencing guidelines, taking into account the above circumstances of the crime at the time when the period of repeated medication was more than two years since the end of the punishment, which has served as a major role in arresting drug offenders by informing a large number of drug offenders.

Unfavorable circumstances: Crimes committed during the period of repeated crimes of a very same kind of criminal record;

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