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(영문) 울산지방법원 2017.02.08 2016고단4029
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 24, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court for ten months, and on September 24, 2016, and was not a person who completed the enforcement of the sentence and is not a narcotics handler.

1. On October 4, 2016, around 00:30, the Defendant: (a) parked on the roads near the Daegu-gu ICT, Daegu-gu, Daegu-gu; (b) 400,000 won from C and sold approximately 0.05 g of mert cloids (one philopon) a local mental medicine.

2. On October 8, 2016, around 14:00, the Defendant: (a) parked on a road near F in Busan Dong-gu, Busan; (b) sold KRW 200,000,000,000 from C and 0.05,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the prosecution;

1. A criminal investigation report (each time 21);

1. A statement on narcotics appraisal;

1. Previous convictions: Inquiries about criminal history and the application of reporting and reporting Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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

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. 추징 마약류 관리에 관한 법률 제 67조 단서 [ 양형이 유] 양형기준 : 징역 1년 6월 하한 ☞ 필로폰 매도 설령 이 사건을 필로폰 알선 사안으로 보더라도, 양형기준 상 하한은 같다.

The punishment shall be selected by taking into account the fact that it is a repeated crime of the same kind to which the standards for processing multiple crimes are applied in the area of aggravation (not more than three years of suspension of execution and not more than three years), the repetition of the same crime, the risk of recidivism, etc., but the punishment shall be determined as ordered within the scope of the sentencing criteria in consideration of various circumstances, such as efforts for cooperation in investigation,

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