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(영문) 울산지방법원 2019.02.13 2019고단238

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 22:00 on December 17, 2018, the Defendant administered Metepopic Mepopic Mepopic Mepopic Mepopic Mepopic Mepopic Mepopic Mepopic Mepopic C by dilutioning approximately 0.02g of water.

2. At around 22:00 on January 12, 2019, the Defendant administered 0.03g of clophones by dilution them with water at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The police seizure record and the list of seizure;

1. Each statement on narcotics appraisal and the report on the results of drug reaction test;

1. To request an investigation report and a person on probation to investigate the case;

1. Application of investigation reports (related to the investigation of the current market price of the Mept Ampia and the calculation of additional collection charges) and statutes on 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., concerning facts constituting an offense, and the selection of a punishment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

(a) The same criminal record (not more than a three-year suspended sentence) of the same kind in the area of aggravation (one-year period and three-year period), the area of aggravation (one-year period and three-year period), such as medication, simple possession, etc.;

(b) A previous criminal record of the same kind (not more than a three-year suspended sentence) in the area of aggravation (one-year period and three-year period) of Part III (one-year period and one-third years), such as medication, simple possession, etc.

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to four years and six months;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

Defendant confessions and reflects each of the crimes of this case.

According to the evidence duly adopted and examined by this court, the defendant is a violation of the Act on the Control of Narcotics, etc. (fence) on October 31, 2018.