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(영문) 울산지방법원 2018.04.04 2018고단526
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 6, 2017, the Defendant, at the Defendant’s home located in Kimhae-si C and 302, provided I with approximately 0.05g of Metepops (one philopopon), a primary mental medicine, in a single-use injection instrument, and in a dilution with one-way product, in a way of injection into I arms.

2. On July 29, 2017, the Defendant: (a) injected approximately 0.05g opphones into a single-use injection machine at the above place; and (b) injected them into the Defendant’s arms by dilutioning them with biocom.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol or statement concerning the suspect examination of each police officer with regard to I;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 of the sentencing guidelines [the scope of the recommended punishment] of the aggravated area (one year to three years), (one year and six years), the aggravated area (one year and six years to four years), (one year and six years), the aggravated area (the suspension of execution within three years), (the scope of the recommended punishment), such as medication, simple possession, etc. (one year to three years) of the aggravated area (one year and three years), the aggravated area (one year to three years), the aggravated area of the previous crimes of the same kind (the suspension of execution within three years) [the person subject to a special aggravated area] of the aggravated area (one year to three years), the aggravated area of the previous crimes of the same kind and the final aggravated area of the multiple aggravated crimes: June 1 to May 6:

2.In full view of the following circumstances and the sentencing factors of the accused, including their age, sex, environment, and motive for the commission of the crime, the sentence shall be determined at a level lower than the sentencing criteria, taking into account, inter alia, favorable circumstances:

A favorable circumstances: Statement that confessions and reflects depth, and a simple provision of a medication crime, other than a criminal record of violation of the Act on the Control of Narcotics, etc., currently under probation, becomes final and conclusive, which has no same criminal record, will be enforced even when the sentence is suspended.

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