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(영문) 울산지방법원 2020.01.15 2019고단4896
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on November 18, 2019, the Defendant, even if not a person handling narcotics, stored 0.05g of psychotropic drugs in South-gu B and C in a single-use injection machine, added 0.05g of psychotropic drugs into a single-use injection instrument, and administered them by means of placing injection on the part of the bloodline, such as left hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a suspect's writing-copon-copon photographs), photograph, investigation report ( State and appraisal report - barine training), inquiry report on request for appraisal, and a statement on narcotics appraisal;

1. Reporting on an investigation (calculated additionally), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

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 Relevant Acts concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Although the defendant committed the crime of this case again during the period of suspension of execution (the current period of suspension of execution) due to the same crime, it is not good that the defendant has committed the crime of this case during the period of suspension of execution (the current period of suspension of execution). However, the fact that all of the defendants have led to confessions and repents as the crime of this case, the records of punishment for the same crime of this case are one time, the frequency of the crime of this case, the defendant's cooperation in investigation, the defendant's health and behavior, the defendant's age, character and character, environment, motive, means and results, etc., are considered as the order of recommendation according to

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