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(영문) 울산지방법원 2018.08.08 2018고단867
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Nos. 1 and 2 (each remaining philophone) shall be from the defendant.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Franchising Station on December 2, 2015, and completed the execution of the sentence at the Daegu Detention Center on December 23, 2016.

Defendant is not a narcotics handler.

1. On March 16, 2018, the Defendant was parked in front of Daegu Dong-gu, Daegu around 18:00

In K5, approximately 0.03 grams of Metectopop (one philophone), which is a local mental medicine, was administered in a way that can be delivered to cans and coffees.

2. On March 21, 2018, the Defendant possessed approximately 8.94g opphones from the direction near the head office of the D Bank located in Daegu Suwon-gu C, Daegu-gu, about 12:55.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each written appraisal;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (the confirmation of the date of final release from office and append copies 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. The sentencing guidelines set forth in the first-class crime [the scope of a recommendation] medication, simple possession, etc.

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstance: A simple medication of philopon is added to the crime of possession of a simple medication, which is an important cooperation in the investigation of self-denunciation as a confession and reflect in depth.

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