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(영문) 울산지방법원 2015.11.04 2015고단2546
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

50,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 01:40 on January 23, 2012, the Defendant administered 0.1g of psychotropic drugs to the Defendant’s arms, using a single-use injection device, in a passenger car of the Defendant who was stopped in front of D located in Changwon-si, Changwon-si C.

2. At around 01:10 on February 11, 2012, the Defendant administered approximately 0.1g of philopon from the cross-discilized telephone in Mucompo-gu E in the same manner as Paragraph 1.

3. At around 04:10 on February 11, 2012, the Defendant received approximately 0.2 g of philopon from I free of charge on the road near the “H station” located in Sungwon-gu, Sungwon-si G.

4. At around 23:00 on October 5, 2015, the Defendant administered approximately 0.05 g of philopon to the Defendant’s arms using a disposable injection device at “K” Mophones located in Ulsan-dongJ in Ulsan-dong, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police statement made to I;

1. A copy of an investigation report (verification of persons who have subscribed to the mobile phone number of the other party to the call who is the statement), or a copy of the investigation report;

1. Application of the statutes on response to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. - Selection of Punishment for Crimes (the provision of philophone medication and delivery and receipt) - Selection of imprisonment with prison labor;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the crime of Article 4 of the judgment even though he was issued a warrant of arrest after the crime of Articles 1 through 3 of the judgment of the court below, while the defendant did not have any record of punishment for the same crime, and the defendant wants to have his wife, confession, and misunderstanding, and other family relations of the defendant.

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