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(영문) 울산지방법원 2017.04.27 2017고단158
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to one year for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on May 19, 2016, and was not a person who completed the enforcement of the sentence, but a person who handles narcotics.

1. On December 26, 2016, at around 14:00, the Defendant: (a) parked in the frontway in Changwon-si C, Changwon-si; (b) injected approximately 0.05g of Meteptopop (one philopon) a local mental medicine, into a single-use injection machine; and (c) injected with arms after dilution.

2. On December 2016, the Defendant administered approximately 0.05 g opphones at the Defendant’s house located in F in Changwon-si, Changwon-si, Masan-si, by the said method.

3. On January 7, 2017, at around 18:00, the Defendant administered approximately 0.05 g phiphones in the above Defendant’s house by the said method.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly seven times) Acts and subordinate statutes;

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 Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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. Selection of a punishment by taking into account the fact that the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection is a repeated crime of the same kind, the repetition of a crime of the same kind, the risk of recidivism, etc., but the punishment shall be determined as ordered within the sentencing criteria, in addition to various circumstances specified in the records and arguments, such as the defendant's cooperation in the investigation, the background of the crime,

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