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(영문) 울산지방법원 2015.12.09 2015고단2468

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.

At around 09:00 on May 9, 2015, the Defendant, who was stopped in the city of Busan, located in the city of Busan, was administered in a way that the Defendant, from the Defendant’s vehicle located in the city of Busan, the amount of psychotropic drugs No. B equivalent to psychotropic drugs No. Mesopha (one penphone; hereinafter referred to as “copon”) once after receiving approximately 0.03g of the psychotropic drugs from the Defendant’s vehicle of the main body of Busan, the Defendant moved to the main public parking lot located in the same Dong and administered the mephone to the Defendant’s arms by using the one-time injection equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect B; and

1. Protocol of the police statement concerning B;

1. Response to the request for appraisal;

1. The application of Acts and subordinate statutes to a criminal investigation report (as to attachment of A call details);

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 the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

1. The range of final sentence for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the range of recommending punishment] Class 2 of the basic area (10 to 2 years) of Types 3 (the scope of years), including medication, simple possession, etc. (the scope of recommending punishment] of the Act on the Control of Narcotics, Etc. [the scope of punishment] of the mitigated area (8 to 1 year and 6 months), including the mitigated area (the scope of marijuana, the native (b) and (c) of the mitigated area), the mitigated area (8 to 1 year and 6 months): The scope of final sentence due to the purchase for medication, simple possession, etc. or the aggravation of multiple offenses: 10 to 29 months [the decision of sentencing] [the year 10 to 208] imprisonment, 2008, and 2 years of suspended sentence; on the other hand, it has no record of punishment for the same kind of crime prior to the above previous offense; the confession of a crime and cooperation in the investigation of narcotics; and other overall circumstances, such as the