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(영문) 울산지방법원 2017.03.16 2017고단124

마약류관리에관한법률위반(향정)

Text

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

Defendant is not a narcotics handler.

1. On October 4, 2016, around 01:00, the Defendant administered a medication in a manner of drinking approximately 0.05 g of Metepile (one philopon) in the water, which is a psychotropic medicine, on October 4, 2016, Ulsan-gu B 301.

2. On October 8, 2016, the Defendant, at around 16:00, injected approximately 0.05g of philopon into a single-use injection machine at the same place as the above 1.1.m., in a way that spopon was injected into the spopon spopon in a single-use injection machine, and dilutiond with a biochemical water, and

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the narcotics appraisal statement (netly 12);

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 Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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 on the stay of execution (including the time interval with the crime of the same kind, the number of self-denunciation, the report on the upper-board C and the indictment for detention, etc., and other circumstances, such as the details of the crime committed in the records and arguments, the number of times the crime is prosecuted, and the degree of reflect attitude);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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