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(영문) 울산지방법원 2013.06.14 2013고단1735

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

[2013 Highest 1735]

1. On December 2012, the Defendant purchased and sold to F 100,000 won the psychotropic drugs, which were previously received from E, in the D office located in the Young-gu Busan Metropolitan City, 2000, by putting them in a disposable injection machine, 0.03g of psychotropic drugs previously held by E.

2. On April 8, 2013, around 18:00, the Defendant sold and purchased 100,000 won of psychotropic drugs in front of the H apartment parking lot located in Busan Jung-gu, Busan, by packaging 0.06g of psychotropic drugs previously received from E in paper and selling them to J.

[2013 Highest 1960]

3. On December 2012, the Defendant administered 0.03 g of psychotropic drugs previously received from E at the guest room in the Busan Young-gu K, Busan High-do, in a way of sending them to coffee.

4. On April 8, 2013, around 19:00, the Defendant, at the residence of N in Seo-gu Busan, injected 0.03g of psychotropic drugs previously received from E, into a single-use injection machine, and dilution with water, and administered them for one’s own arms.

Summary of Evidence

[2013 Highest 1735]

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police by J; and

1. Each police statement made to F (2013 high-ranking 1960);

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Selection of each sentence of imprisonment;

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 and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. Collection;