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(영문) 울산지방법원 2018.03.21 2017고단3737

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 6 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

On April 16, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act at the Suwon method, and completed the execution of the sentence on April 10, 2016.

Defendant is not a narcotics handler.

1. On August 19, 2017, the Defendant administered approximately 0.05 g of Mesophical copons (one philopon; hereinafter “philopon”), a local mental medicine, at the Defendant’s home located in Ulsan-gu B 107 Dong, Ulsan-gu, Ulsan-gu, 2017, in a way that the Defendant injecteds approximately 0.05 g of Melopon into the Defendant’s arms using a disposable injection device.

2. On August 21, 2017, at around 15:55, the Defendant possessed approximately 0.38 grams of a transparent plastic bag containing approximately 0.34 ghonon, and a disposable injection device containing approximately 0.04 gononon, in a way that he/she stores approximately 0.38gon on a part of the Defendant’s operation Cenz vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (in response to a request for preliminary experiments and a request for appraisal), investigation report (in response to a request for preliminary experiments, the person against whom the request has been made, the person against whom the seizure was made), replys, and replys (DA replys to a request for appraisal);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to the confirmation of suspects and repeated crimes);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent 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;

1. Class 1 and 2 of the sentencing guidelines (the scope of a recommendation), medication, simple possession, etc. shall be three types (one year to three years) of the aggravated area (one year) (one year to three years of special aggravation), and the same type of crime (the suspended execution for not more than three years).