logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.07.24 2019고단979
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Six divers (No. 1) used as seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2018, the Defendant sentenced ten months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on April 12, 2018, and completed the execution of the sentence at the port prison on August 7, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

At around 22:00 on March 12, 2019, the Defendant, in a single-use injection instrument, 0.03g of psychotropic drugs provided by U.S. Nam-gu B Building C, and Medi-in D, in a way of injection on the left side side of the dilution after dilution with aquatic water in a single-use injection instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Written test report, photographics on medication of a suspect, investigation report (Attachment of photographs of seized objects), investigation report (in case of national and fisheries appraisal report - dives training), investigation report (in case of national and fisheries appraisal report - dives training), response to requests for appraisal, investigation report (in case of national and fisheries appraisal report - DNA - In case of national and fisheries appraisal report), investigation report (in case of national and fisheries appraisal report - in case of multiple dA - in case

1. A report on investigation (related to a claim for an additional collection charge) and monthly trend of narcotics;

1. Six vaccinations (No. 1) that have been used for a single time as seized;

1. Records of judgment: Criminal history records, investigation reports (verification of prior written judgments, date of release, etc.), personal confinement status, drug offender card, and application of statutes of judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated 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 of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Item (Special Aggravation) Aggravations: The recommended range of criminal records of the same kind (not less than three years of suspended execution) and the recommended range.

arrow