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(영문) 울산지방법원 2019.07.24 2019고단151
마약류관리에관한법률위반(향정)
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On February 15, 2017, Defendant B, at the Changwon District of Busan High Court, sentenced Defendant B to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (competence) at the Changwon District of the Busan High Court, and completed the execution of the sentence in the interest prison on September 12, 2017

【Criminal Facts】

Defendants are not narcotics handlers.

1. On February 16, 2018, Defendant B’s co-principal committed by the Defendants included approximately 0.03g of psychotropic drugs in a coffee shop “D”, which is located in C, in coffee, and dact together with Defendant A.

Accordingly, the Defendants conspired to administer philophones.

2. At around 18:00 on February 16, 2018, Defendant B provided F with approximately 0.03 galphones from the way front of the yacht, E, a yacht.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the protocol of examination of prosecution concerning F;

1. Written appraisal of narcotics;

1. A report on investigation (calculated additional charges) and monthly trend of narcotics;

1. Records of judgment: Criminal records (No. 8), investigation reports (verification of repeated crimes, etc.), records of search of consolidated cases, records of search of integrated cases, court rulings including Changwon District Court Decision 2016Gahap57, Supreme Court Decision 2017Do3605, and application of statutes on the current status of expropriation by individuals;

1. Defendant A of the relevant criminal facts: Articles 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Narcotics Control Act, and Article 30 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Criminal Act; Article 30 (1) 3 (b) of the Criminal Act; Article 30 (1) 2, and Article 4 (1) 1, and Article 2 subparag. 3 (b) of the Narcotics Control Act; Article 60 (1) 2, and Article 4 (1) 1, and Article 2 subparag. 3 (b) of the Narcotics Control Act;

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant B among repeated crimes: Article 35 of the Criminal Act;

1. Defendant B among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Probation and medical treatment order;

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