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(영문) 울산지방법원 2020.09.23 2020고단3254
마약류관리에관한법률위반(향정)
Text

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

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

Since the Defendant is not a person handling narcotics, he/she shall not administer a psychotropic drug so that the psychotropic drug is not a person handling narcotics (the term "clopon"; hereinafter referred to as "copon").

1. On November 2019, the Defendant: (a) 22:00 on the lower half of November 2019, 2019, administered phiphones in a way that D had D take approximately 0.05g of philophones into a single-use injection machine at the Defendant’s dwelling located in Ulsan-gu, Ulsan-gu, B building C, and dilution them with water, and then had D take injection into the Defendant’s arms.

2. On January 30, 2020, the Defendant, at around 22:00 on Jan. 30, 2020, administered phiphones in such a way that D puts approximately 0.05g of phiphones into a single-use injection machine and dilution them with water, and then had D injection into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Application of Acts and subordinate statutes to investigative reports (market price surveys and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the selection of punishment;

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. 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 punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

The title [Special Convicts] None [the area of recommendation and the scope of recommendation] basic area, and 0 to 2 years of imprisonment.

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