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(영문) 울산지방법원 2018.04.18 2018고단783
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 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.

1. On December 30, 2017, the Defendant sold approximately 0.05g of the Mesophical mental medicine 0.05g price to E at the D's insular room located in U.S. C at approximately 200,000, thereby selling philophones.

2. On March 15, 2018, the Defendant: (a) put about approximately 0.05g phiphones into a single-use injection machine at G’s house located in Yangsan F; (b) injected them into a single-use injection machine; and (c) injected them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent 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. Crimes No. 1 of the sentencing guidelines (the scope of a recommendation) / [the scope of a recommendation / 10 to 2 years] of the basic area (the scope of a recommendation / 10 months) of the basic area (the scope of a punishment / 2 years) of the punishment / the basic area (the special mitigation / 3 years) of the punishment / the number of concurrent crimes of the same kind (the suspension of execution / 10 to 3 years) / the number of concurrent crimes of the same kind (the suspension of execution / 10 to 3 years): June 1 to 5 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: The defendant is at the Ulsan District Court on May 10, 2017, under the circumstances unfavorable to him/her to inform him/her of the upper vessel in relation to the medication, which makes a confession and reflect in depth.

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