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(영문) 울산지방법원 2016.05.04 2016고단698

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 11, 2016, the Defendant, at around 20:0, administered DNA 411, located in Busan Youngdo C, in a manner that put about approximately 0.05g of Meteptop (one philopon) in a single-use injection instrument, which is a local mental medicine, into a single-use injection instrument, and put in injection into the left part of the flapop, after dilution with a natural water.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. 추징 마약류 관리에 관한 법률 제 67조 단서 [ 양형이 유] 양형기준 : 징역 1년 ~3 년 ☞ 필로폰 투약 가중영역 (3 년 이내 집행유예 이상 동종 전과 피고인은 2015. 12. 11. 부산지방법원에서 필로폰 투약 등의 죄로 징역 10월에 집행유예 2년을 선고 받고 그 무렵 판결이 확정되었다. )

In full view of the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime in the same kind of crime, the punishment shall be selected as ordered within the sentencing criteria in consideration of various circumstances, such as the background of the crime in the record and pleading, the degree of reflectivity, etc.