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(영문) 울산지방법원 2019.08.14 2019고단1707
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On July 14, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 14, 2017, and completed the execution of the sentence at the Jinju Prison on March 6, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

On May 6, 2019, the Defendant, at around 20:0, administered psychotropic drugs in Daegu-gu Belc, Daegu-gu, and at around 0.05 g of psychotropic drugs provided by D (one-time clopon) in a single-use injection instrument, together with aquatic water, in a dilution method, and administered them on their part of the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the prosecution and the prosecutor’s seal;

1. A report on investigation (attaching photographs on the medication of phiphonephones);

1. Report on investigation (the result of the Preliminary Experimental - training);

1. A report on investigation (a response to a report on investigation and on the results of appraisal by a State);

1. A report on investigation (related to a claim for an additional collection charge);

1. Previous records: Application of Acts and subordinate statutes to investigation reports, results of criminal investigations, etc. and results of criminal investigations;

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. Article 35 of the Criminal Act among repeated 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 of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Sub-paragraph (Special Aggravations): The elements of aggravation of investigation cooperation: the basic area of the same criminal records (not less than three years of suspended execution): the basic area of the previous crimes (not less than the scope of the recommended area and the scope of the recommended punishment); October to two years of imprisonment

3. The fact that the defendant who was sentenced to punishment of this case led to the confession of the crime of this case and is divided, that the defendant has cooperation with the investigation, that the defendant committed the crime of this case again during the period of repeated crime with the same record, that the defendant has the same record 10 times, that the defendant has the same record, the health status of the defendant and other ages of the defendant

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