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(영문) 울산지방법원 2013.10.18 2013고단2678
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

The defendant is not a person handling narcotics.

1. At around 03:00 on January 18, 2013, the Defendant administered a psychotropic drug 0.06g of psychotropic drugs, which had been previously received from a person with no personal injury, in a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-related-use-related-use-related-related-use-related-related

2. At around 03:00 on January 25, 2013, the Defendant administered approximately 0.06 g of psychotropic drugs, which had been previously received from the person who had no name, at the guest room in the mutual influence room located in Sacheon-si B, Sacheon-si, in the foregoing manner.

3. At around 03:00 on January 30, 2013, the Defendant administered approximately 0.06 g of psychotropic drugs, which were previously received from a person who was unaware of his/her name, at the guest room in the trade in secret room in Sacheon-si B, Sacheon-si, in the foregoing manner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of impeachment;

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

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

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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

1. Although the crime of this case, which has been administered by the defendants in a variety of times under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, the punishment as ordered shall be determined in light of the fact that the defendants had no criminal records of the same kind, voluntarily surrenders, and are against the depth of the crimes;

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