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(영문) 울산지방법원 2016.04.04 2016고단103
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

On July 27, 2012, A was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court (hereinafter referred to as the "Act"), and the execution of the said sentence was terminated on April 4, 2013.

1. Defendant A

A. On October 2015, the Defendant: (a) purchased KRW 100,000 from B in front of the frequency of “E” operated in Ulsan-dong, Ulsan-dong; and (b) sold to B the Metectop phone, a local mental medicine, approximately 0.05 g (one philopon; hereinafter referred to as “philopon”).

B. On January 5, 2016, at around 22:00, the Defendant 100,000 won from B at the frequency of “E”, and sold approximately 0.05 g philopon to B.

(c)

On January 5, 2016, the Defendant, who was stopped on G road located in Ulsan-dong F, Ulsan-dong F, administered approximately 0.05g g of philopon to the Defendant’s arms by using a disposable injection device in the Defendant’s clean car.

2. Defendant B

A. The Defendant purchased a phiphone from A, at the same time, at the same time and place as the above “1. A. A.,” and administered phiphones in a manner of drinking immediately.

B. The Defendant purchased penphones from A at the same date, time, and place as the above “1-B.” as the above “1-B.”

Summary of Evidence

1. In the case of the Defendants’ legal statement in the part concerning the medication of Defendant B, the confession of Defendant B is made, and the statement of Defendant A, who had observed the medication at the time of medication, is evidence of reinforcement (as a result of the request for appraisal, the result of the request for appraisal is voice).

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of repeated crimes and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts (selected to imprisonment with labor);

1. Article 35 of the Criminal Act for the aggravation of repeated crimes;

1. The former part of Article 37 and Article 38 Section 1 of the Criminal Code for the aggravation of concurrent crimes.

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