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(영문) 울산지방법원 2019.09.18 2019고단2708

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 20, 2019, the Defendant, at around 23:00, administered 0.03g of psychotropic drugs in Ulsan-gun Bridge C, Ulsan-gun, in a way that the Defendant, in a single-use injection machine, puts 0.03g of psychotropic drugs (i.e., single-use clopon; hereinafter referred to as “copon”) into a single-use injection machine, and administered them on the part of the spopon for dilution.

2. On July 21, 2019, at around 09:0, the Defendant administered 0.03g of phiphones in the same manner as Paragraph 1 at the place described in paragraph 1.

3. On July 21, 2019, at around 13:00, the Defendant administered 0.03g of philophones in a way that scopphones can be cut off at the place described in paragraph (1).

4. On July 22, 2019, the Defendant administered 0.03g of philophones at the place indicated in paragraph 1, in the same manner as Paragraph 1, at the place indicated in paragraph 1.

5. On July 22, 2019, the Defendant administered 0.03g of philophones at the place indicated in paragraph 1, in the same manner as Paragraph 1, at the place indicated in paragraph 1.

6. On July 23, 2019, at around 08:20, the Defendant possessed 0.06g of phiphones by inserting them in a single-use injection machine at the places described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. On-the-spot report (as regards the attachment of on-the-spot photographs and images of the suspect shot injection equipment);

1. The report on the request for appraisal (narcotics-deine), the report on the request for appraisal (narcotics appraisal report-proponed and one-time proponed) and the reply to the request for appraisal;

1. Investigation report (market price inspection and calculation of additional collection charges);

1. Application of each existing statute of evidence of subparagraphs 1 through 3, seized;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;