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(영문) 울산지방법원 2019.03.20 2019고단134
마약류관리에관한법률위반(향정)
Text

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

300,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On October 1, 2018, at around 08:30, the Defendant purchased approximately 0.18g of Mesofts (i.e., one philopon) 0.18g, a psychotropic drug, after having 10,000,000 won from the building in Daegu-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of the prosecution concerning I;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

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 Relevant Acts concerning criminal facts;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the confiscation or collection under the same Article is not aimed at deprived of profits from criminal acts, but rather is a disposition of the punitive nature, it is necessary to order the full collection of drug value within the scope dealt with by the defendant based on the defendant. A series of acts by the defendant who handled the same drug constitutes separate crimes, and thus, it is not necessary to collect the equivalent value separately for each of such acts (see, e.g., Supreme Court Decision 96Do397, Mar. 14, 1997). The defendant purchased 500,000 squarephones and was indicted to have administered 0.09g of 0.18g of phiphones and was charged to have administered 09g of 0.0g of phiphones (this Court Decision 2019No18, Mar. 18, 201). It was recognized that the defendant purchased that 3rd-phones and 0.0g of grams per gram.

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types).

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