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(영문) 울산지방법원 2014.01.24 2013고단2722

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

White-blocks 1.62g (Evidences 1 to 3) and single-use divers.

Reasons

Punishment of the crime

On November 18, 2011, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, Etc. at the Ulsan District Court on November 18, 201, and completed the execution of the sentence in a wooden prison on May 30, 2012, and is not a person handling narcotics.

1. On May 15, 2013, around 13:00, the Defendant traded 2g of psychotropic drugs, which were previously received from D, in plastic plastic bags, to E, who was aware of 80,000 won, in a plastic bag, at the lower side of the refluoral bridge near the Solori-gu, Busan. In this way, the Defendant traded 80,000 won by receiving KRW 80,000,000, in plastic bags.

2. On July 20, 2013, at around 17:00, the Defendant administered psychotropic drugs, which were psychotropic drugs received from and possessed by a person previously called “G”, in a single-use injection machine, with water-dilution of approximately 0.03g of psychotropic drugs, at the Defendant’s residence located in Busan F, Busan, and then in a way of injection with his/her hand, etc.

3. On July 23, 2013, the Defendant possessed approximately 1.62 g of psychotropic drugs delivered from a person who is previously called “G” on the front side of a macro-mul apartment located in the Busan Bluedong, on July 23, 2013, by inserting approximately 1.62g of psychotropic drugs in plastic bags in plastic bags, and storing them in a form of storage.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Police seizure records;

1. A report on a request for appraisal and an additional report on a request for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (verification of repeated crimes), and personal identification and confinement status;

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 Acts on criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. Management of narcotics, etc. additionally collected;