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(영문) 울산지방법원 2019.07.24 2019고단1645
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

10,000 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 May 24, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on May 24, 201, and completed the execution of the sentence in the Gwangju Prison on April 23, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

On April 29, 2019, at around 22:00, the Defendant, at around 22:00, administered a psychotropic drug provided by zine Belc, by inserting 0.05gg of psychotropic drugs (one philopon) together with aquatic water in a single-use injection instrument, and then dilution them into one’s left part.

Summary of Evidence

1. Defendant's legal statement;

1. Written report on the investigation (in the case of the State and the water appraisal results - the training of the defense counsel), drilling, investigation report, response to requests for appraisal, and narcotics appraisal report;

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

1. Previous records of judgment: To apply Acts and subordinate statutes after an investigation report, status of personal confinement, judgment, criminal records, and results of inquiry into criminal records;

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 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.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. The fact that the defendant who was sentenced to punishment of this case led to the confession of the crime of this case and is divided, that the defendant committed the crime of this case again in the same record during the period of repeated crime, that the defendant has a large number of criminal punishment power for the same kind, and that the defendant has the age, character and conduct, environment and motive for the crime.

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