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(영문) 울산지방법원 2019.08.21 2019고단1265

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

Defendant is not a narcotics handler.

1. At around 14:00 on April 1, 2019, the Defendant administered camopon medication by dilution 0.05 g of psychotropic drugs, which are psychotropic drugs provided by E, in the camblop D’s home located adjacent to Daegu-gu B, Daegu-gu, and camblopon (hereinafter “camlopon”).

2. On April 4, 2019, the Defendant: (a) around 19:45 on the 19:45 day, carried a philophone 0.01g, which was administered by the said E, in a manner under the supervision of a kitchen bed in a transparent plastic bag, and kept a clophone 0.01g, which remains after being administered by the said E, in a transparent plastic bag.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and reports on investigation (where seizure is conducted and photographs of seized articles are attached);

1. Investigative report (investigative report - training the results of suspect's urictal appraisal);

1. Investigation report (the results of appraisal of color plastic bags containing seized white decision body - the result of appraisal - the result of training) and requests for appraisal;

1. A report on investigation (related to a claim for an additional collection charge) and monthly trend of narcotics;

1. The application of Acts and subordinate statutes to drillings, investigation reports, replys to requests for appraisal, and narcotics appraisal reports;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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.

(b) special spathos;