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(영문) 울산지방법원 2017.11.29 2017고단3615

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 1, 2017, the Defendant administered approximately 0.03 grams on the C-W apartment, which was parked in the front parking lot of the Defendant’s operation around Yangsan-si, Yangsan-si, by driving a 102-dong apartment, and on the c-c-ro c-ro c-roc-phones (one philophone (one gramphone; hereinafter referred to as “philophones”), which is a local mental medicine, to a coffee.

2. On August 12, 2017, the Defendant: (a) provided a single-use injection machine with approximately 1g of phiphonephones to E free of charge in Yangsan-si located in Yangsan-si; and (b) provided a single-use injection machine with approximately 1g of phiphones.

3. The Defendant administered approximately 0.05 g of philophones in the water at the same time, at the same place as the above 2.2.

4. On August 15, 2017, the Defendant administered approximately 0.03 grams on the same vehicle parked at the same place as above 1.00, in a manner of drinking in the water, on August 15, 2017.

5. On the same day as the above 4.05 day, the Defendant held approximately 0.49g 0.49g total philophonephones, including one injection device for one-time use containing approximately 0.04gopon and approximately 0.42gopon, and one-time injection device containing approximately 0.2mopon 0.2mopon in water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

1. Each protocol of seizure and the list of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The first crime [the scope of the recommended punishment] is traded, arranged, etc. in the sentencing criteria;