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(영문) 울산지방법원 2019.06.19 2018고단3796
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 through 10 each shall be confiscated.

The defendant 300,000.

Reasons

Punishment of the crime

[2018 Highest 3796] The Defendant sentenced two years and six months to imprisonment on November 4, 2016 for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the Busan Correctional Institution on April 10, 2018.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On October 29, 2018, the Defendant offered approximately 0.05 g of psychotropic drugs -- free of charge to D motor vehicles parked in C front of Daegu-gu, Daegu-gu, and offered approximately 0.05 g of psychotropic drugs - from D motor vehicles parked in C’s shooting distance.

2. On December 4, 2018, around 17:00, the Defendant put about approximately 0.05g phiphonephones in a single-use injection machine in the Daegu Seo-gu, Daegu-gu, and in G, injected them by means of injecting them into arms.

3. On December 6, 2018, around 16:30, the Defendant possessed approximately 5.8g of philopon on a plastic bag and paper bags at the foregoing car parked in the F apartment in the Daegu-gu, Daegu-gu, and Hdong parking lot.

[2019 Highest 589] The Defendant is not a narcotics handler.

Nevertheless, at around 22:00 on December 4, 2018, the Defendant provided K with the psychotropic drugs-related 0.05g free of charge on the roads adjacent to J bank located in the Seo-gu Incheon Metropolitan City, Seo-gu I.

Summary of Evidence

[2018 Highest 3796]

1. Defendant's legal statement;

1. Copy of each protocol of suspect suspect of the police against E;

1. Existing existence under each of subparagraphs 2 through 10 of this Article; and

1. Investigation report (Attachment of photographs on the medication of philophones), photographs on the medication of phiphones;

1. A report on investigation (Attachment of a site photograph) and on-site photograph;

1. A report on investigation (Attachment to photographs of seized articles), and a photograph of seized articles;

1. Written appraisal of narcotics; 1. Investigation report (related to the investigation of the market price of the Mept cancer and the calculation of additional collection charges) and monthly trend of narcotics;

1. Investigation report (the result of a suspect's request for appraisal), response to a request for reduction of evidence (the No. 27 of the evidence list);

1. Investigation report (whether a disposable injection for a suspect A is consistent with DNA used by the suspect), response to a request for appraisal (Evidence List 29);

1. The records of its ruling:

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