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(영문) 울산지방법원 2019.06.19 2019고단1093
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

450,000 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 February 8, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on February 8, 2017, and completed the execution of the sentence in a wooden prison on May 18, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

1. Around 22:00 on January 22, 2019, the Defendant: (a) sold camphones in Ulsan-gu Budio C; and (b) cambrophones (hereinafter “cambphones”); (c) 0.3g of cambrophones (hereinafter “cambphones”); and (d) sold 3.50,000 won.

2. The Defendant, at the time and place described in Paragraph 1, administered 0.05 g of phiphones by means of inserting them together with raw water into a single-use injection machine, dilution, and injection on the right part of the blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution (second time)

1. Each police statement concerning D;

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

1. Three copies of investigation reports (Analysis of the details of currency of suspects and informants), and E-powers;

1. A report on investigation, a response to requests for appraisal, and a narcotics appraisal report;

1. Records of holding: Criminal history records, inquiry reports, investigation reports (recognating and verifying repeated crimes), drug criminal records, judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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

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

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 punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

The title, etc. (special sponsor).

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