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(영문) 울산지방법원 2017.08.23 2017고단1404
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Act on the Control of Narcotics, Etc. in support for the development of the methods of water sources, and the judgment became final and conclusive on July 9, 2016.

On October 2015, the Defendant offered approximately 0.05g of the Megatopist (one philophone) who is a local mental medicine medicine, to D free of charge, at the office of insane test in the operation of Kimhae-si, Kim Jong-si, 04:00, the Defendant offered approximately 0.05g of the Melatop (one philophone).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Before judgment: Application of a written inquiry about criminal history and investigation report (Evidence No. 5, 6 of the evidence list) Act 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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. Whether the sentencing criteria are applied or not is concurrent crimes in the latter part of Article 37 of the Criminal Act, and the sentencing criteria are not applied.

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:

A favorable circumstances: A confession and reflects, and a single concurrent offense after Article 37 of the Criminal Code.

(i) Unfavorable circumstances: The fact that the phonephones are considered to have been handled considerably at the time of committing the crime, etc.

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