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(영문) 울산지방법원 2014.02.07 2013고단4015
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

The above additional collection shall be levied on the defendant.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to imprisonment with prison labor for ten months for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on October 14, 201, and on July 15, 2012, the Defendant was not a person handling narcotics, who completed the execution of the sentence at the Ulsan Detention Center.

On January 10, 2013, at least 21:30, the Defendant purchased and sold psychotropic drugs, approximately 0.06g of psychotropic drugs, in paper bags, and transferred KRW 400,000 to the post office account (Account Number: D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of E and C (E: No. 2);

1. Details of account transactions;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes of suspects);

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 the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. It is inevitable to sentence a criminal defendant who has committed the same kind of crime during the period of repeated crime under Article 334(1) of the Criminal Procedure Act, even though he/she again commits the same crime;

In determining the sentence, considering the fact that the defendant has a majority of the criminal records of the same kind, the crime of this case was involved in the distribution of narcotics, etc., and the fact that the defendant voluntarily surrendered and is in depth against the defendant.

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