logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.08.22 2018고단990
마약류관리에관한법률위반(향정)
Text

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

Seized evidence (Evidence Nos. 3, 5 and 7) shall be classified as follows: 3 through 8, 10, 12, 14, 16, 17 (Evidence No. 3, 5, 7).

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act by the Ulsan District Court, and completed the execution of the sentence in the Changwon Prison on September 16, 2017.

Defendant is not a narcotics handler.

1. On January 22, 2018, the Defendant: (a) placed approximately 0.05 g of the Mesofta (hereinafter “copon”), a local mental medicine, in the C cafeteria located in Yangsan-si B, Yangsan-si; (b) placed approximately 0.05g of the Mesofta (copon) in a one-time injection machine, and provided D with a poponus without compensation.

2. On April 5, 2018, the Defendant was parked in the front parking lot of the E apartment F, Kimhae-si around 14:00

G Car Kan-Pon Nos. 1.45g gramphones were stored in six for a single-use vehicle and stored in six for a single-use vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seizure (lists of evidence 6,7);

1. A narcotics appraisal statement (the No. 19 of the evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of final release from office and a copy of the judgment);

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. 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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 the recommended punishment] [the scope of the punishment] of the basic area (one year to two years) of the two types (mariju, b. c. c., etc.) (one year and two years) of the basic area (special mitigation/increased) / Crimes No. 2 of the same previous crimes (the suspension of execution for not more than three years) / The scope of the recommended punishment] of the basic area (one month to two years) of the three types of crimes (the scope of the recommended punishment) [the person subject to special mitigation/increased] of the basic area (one month to two years) of the three types of crimes (the person subject to special mitigation/increased] of the basic area (the suspension of execution for not more than three years) / The suspension of execution for not more than three years) of the same criminal records

arrow