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(영문) 울산지방법원 2018.11.14 2018고단1906
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Records] On January 11, 2017, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Ulsan District Court, and completed the execution of the sentence at the port prison on September 21, 2017.

[Criminal facts] The Defendant is not a narcotics handler

On June 18, 2018, the Defendant, around Ulsan-gu Seoul Special Metropolitan City B Studio c, contained approximately 0.03g of Melopon (i.e., one philopon), a primary mental medicine, in a single-use injection instrument, and administered the Defendant’s arms in a way of injecting it into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Written appraisal of each drug;

1. Investigation report (related to the investigation of the current market price of mert cancer and the calculation of additional collection charges) and monthly trend of narcotics;

1. Medication photographs;

1. Previous conviction in judgment: Application of the results of inquiry, such as criminal history, investigation report (verification of the date of final release from office), and the current status of personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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 mitigated person [special mitigation (special mitigation)] mitigated in the mitigated area (six months to one year and six months) of the mitigated area (special mitigation (special mitigation)] of the sentencing guidelines [the scope of recommended punishment] medication, simple possession, etc. (the scope of recommended punishment; item (b) and item (c) of the same item) of the sentencing guidelines: The person who is advantageous to the sentencing shall be considered as a person who has committed an investigation even though the upper part of the barphone provided by the defendant for the self-denunciation and important investigation cooperation was not yet arrested, but has not yet been arrested.

A aggravated person: Criminal records of the same kind (a suspended sentence of not more than three years):

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The Defendant voluntarily surrendered to the investigative agency the instant crime.

The defendant has a record of punishing the same crime only once.

In this case.

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