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(영문) 울산지방법원 2016.01.27 2015고단3220

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.

1. On November 5, 2015, the Defendant: (a) was parked in the parking lot C located in Jin-gu Busan, Jin-gu, Busan; (b) purchased 200,000 won from D on a car; (c) approximately 0.5g g of a flappe, which is a local mental medicine, from D; and (d) administered 0.05g of the Defendant’s arms using a one-time injection machine.

2. On November 16, 2015, the Defendant administered approximately 0.05g of philophones purchased from the Defendant’s home located in Ulsan-dong, Ulsan-gu, as described in the foregoing paragraph (a), in a way of injection to the Defendant’s arms using a one-time injection device, from among philophones purchased from the Defendant’s home located in Ulsan-dong, Ulsan-gu, Ulsan-do.

3. On November 18, 2015, at around 19:50, the Defendant received approximately 0.1g of philopon from D at a scopon, a scopon, in an inscopon site near the F, located in Busan, and administered approximately 0.05g of the said scopon on the Defendant’s car parked on the nearby road at around that time, using a disposable injection device for the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the joint defendant D;

1. Second-time protocol concerning D concerning the examination of suspects by the prosecution;

1. Second-time protocol concerning D concerning suspect examination of the police;

1. Application of the Acts and subordinate statutes, of a coverr photograph of medication and a response to a request for appraisal (No. 6, 25);

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

1. Selection of each sentence 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 suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. The fact that there are two times the criminal records of punishment for the same kind of crime for sentencing of Article 334(1) of the Criminal Procedure Act, while the confession of the crime and the misunderstanding appears to be different.