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(영문) 울산지방법원 2016.01.27 2015고단3329
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 16, 2011, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on September 16, 201, and was sentenced to one year and two months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on August 14, 2012, and completed the execution of the said sentence in the lawsuit of the second intersection of the North Korean Branch on February 5, 2014.

Criminal facts

On December 16, 2015, at around 19:00, the Defendant administered a medication in a way that the Defendant injecteds the Defendant’s arms using a disposable injection device, equivalent to approximately 0.03g of the Mepta (one philopon), a local mental medicine, in the public toilets adjacent to D cafeteria C, D cafeteria, a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of scopon medication scopon;

1. Response to a request for appraisal;

1. Written reply to an appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the confirmation of repeated crimes and append copies of judgments);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] medication, simple possession, etc. of the three types (one year to three years) [the period of suspension of execution within three years] of the aggravated area (one year to three years] [the decision of suspension of execution within the period of three years] of the same type of crime [the decision of suspension of execution within the period of five years] recidivism during the period of repeated crime due to the same kind of crime although he had the record of five times of punishment for the same kind of crime, while the confession of the crime and the misunderstanding appears, and all other circumstances, such as the defendant's age, are considered to be taken into account;

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