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(영문) 울산지방법원 2018.02.21 2017고단4205
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 through 8, 11 through 13 shall be confiscated from the accused.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on September 29, 2017, and completed the execution of the sentence at the Busan Detention Center on October 23, 2017.

Defendant is not a narcotics handler.

On November 28, 2017, the Defendant: (a) kept approximately 19.65 grams of Meteptopule, a local mental medicine, in a vinyl; (b) kept approximately 32.30 grams of Handphones in the E-K5 vehicle operated by the Defendant, and carried approximately 51.85 grams in total, such as storing approximately 32.30 grams of Handphones in the E-K5 vehicle operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Previous convictions: Application of criminal history data and investigation reports (related to attachment of recent criminal suspects' rulings and confirmation of repeated crimes);

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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Assistance in important investigation (special mitigation/increased) in the basic area (from October to two years) of the types of three (b), including medication, simple possession, etc.) of the sentencing criteria (the scope of the recommended punishment), and in the same kind of criminal records;

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 sentence shall be determined at a level lower than the sentencing criteria by taking into account the above circumstances as a single-use crime, which has become an important cooperation in investigation in relation to the narcotics crime that has made a statement that it is favorable to a normal confession and is in depth.

In order to sell or provide to others at a disadvantage, narcotics-related criminal records are very high and repeated crimes period for the same kind of crime, such as possessing phiphones for sale or provision.

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