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(영문) 울산지방법원 2018.10.31 2018고단2255

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On February 1, 2018, at around 20:00, the Defendant: (a) put approximately 0.06g of Metetop curine (hereinafter “diphone”), a primary mental medicine, into two for a single-use injection machine; (b) dilution into two for a single-use injection machine; and (c) injected into the Defendant’s arms.

2. On February 18, 2018, around 14:00, the Defendant injected approximately 0.06g of philophones into a single-use injection machine at the above place, dilution them into water, and then injected them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure, lists of seizure, and photographs of the scene;

1. An appraisal report on each narcotic and a drug toxic substance appraisal report;

1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for calculation of additional collection charges under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 1.00,000 won for medication once 0.03g market price x 4 [the defendant has administered two times each time 0.06g and 0.12g each time];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the said items) of the three types, including medication and simple possession, etc.;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The defendant has no criminal history of the same criminal punishment.

There is no criminal history to punish the defendant exceeding the fine.

The crime of this case shall be led to confession and reflect at the latest.

Collection and quantity of medication are not relatively significant.

◎ 피고인에게 불리한 정상은 다음과 같다.

2.2 Handphones directly.