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(영문) 울산지방법원 2014.06.20 2014고합117
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

No person shall receive, possess, own, use, etc. psychotropic substances or other psychotropic substances containing them which might be misused or abused and which do not have been used for medical treatment, any misuse or abuse of which may lead to severe physical or psychological dependence due to lack of safety.

1. On January 7, 2014, the Defendant received approximately 10g of approximately 11g out of psychotropic drugs 300,000,000 won, purchased from the Tropian “E” at the substitute driving office near Daegu-gu, Seogu, Daegu-gu, and received approximately 11g of approximately 11g from F.

2. An occupation;

A. On February 2, 2014, at around 01:00, the Defendant issued to F, as described in Paragraph 1, at the play place near the Defendant’s residence in Daegu-gu, Seo-gu, Daegu-gu, as “paragraph 1,” and used approximately 0.5g of the remainder 1g of the spice 1g, after deducting the tobacco’s tobacco smoke, put in the smoke, and then smoked in a way of smoking, as the Defendant smoked.

B. On the day following the date stated in the above “paragraph 2(a)”, the Defendant smoked and used approximately 0.5g of the remainder in the play place near the above Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The details of a reply to the request for appraisal and the telephone conversations;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of seized articles), investigation reports (as a result of appraisal - seized articles), investigation reports (as a result of crime), investigation reports (as a result of crime), investigation reports (as a result of crime

1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of receipt of a radio frequency, the choice of a limited term imprisonment), Article 59 (1) 5 and Article 3 subparagraph 5 of Article 2 and subparagraph 3 (a) (the point of use of a radio frequency) of Article 2 of the Act on the Control of Narcotics, etc

1. Article 37 of the Criminal Code among concurrent crimes.

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