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(영문) 울산지방법원 2019.10.23 2019고단1741

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

1. Around July 2018, the Defendant administered a philophone medication in a way that 0.03g of the psychotropic drug, which is a psychotropic drug held by Yangsan-si apartment C, and her friendly D (hereinafter referred to as “clogramphone”) in a way that she scams in a beer.

2. On August 28, 2018, the Defendant: (a) was provided with the volume of opphones from the foregoing D at the place indicated in the foregoing paragraph 1. around August 28, 2018; and (b) administered some of them in a way that scopphones are listed in beer.

3. On October 2018, the Defendant administered a scopon medication at the place described in the foregoing paragraph 1. around the end of October 2018, and administered the scopon dose among scopon phoness provided by D, as described in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigative report-A dives between the State of dives and the State of origin;

1. Application of Acts and subordinate statutes concerning a report on investigation (request for additional collection charges);

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., concerning the relevant criminal facts and the Selection of Punishment;

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 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 punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

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.

(b) crime 2.