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(영문) 울산지방법원 2013.11.15 2013고단3103

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is not a person handling narcotics.

1. On April 8, 2013, at around 19:00, the Defendant provided approximately 0.03 g of psychotropic drugs, which were previously received from E, to D, in a way that they sent them to D, at the residence of Seo-gu Busan, Seo-gu, Busan.

2. The Defendant, at the same time and place as above, administered approximately 0.03g of psychotropic drugs previously received from E in a single-use injection machine, dilution with water, and injection with his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect suspect regarding E and D by the prosecution;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts (Provision of Mepta and points of administration);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;