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(영문) 울산지방법원 2017.08.09 2017고단1832
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for one year.

1,00,000 won shall be collected from each of the Defendants.

The Defendants are above.

Reasons

Punishment of the crime

Defendant

On December 10, 2015, A was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 10, 2015 and completed the execution of the sentence at the Busan District Court on April 22, 2016.

Defendant

B On September 11, 2015, the Busan District Court sentenced a person to a violation of the Narcotics Control Act (competence) at the Busan District Court, and completed the execution of the sentence on February 1, 2017 at the first intersection of the North Korean Dos.

Defendants are not narcotics handlers.

1. On May 29, 2017, at around 07:00, the Defendant administered approximately 0.05 grams of the Metetop ctopian (one philophone; hereinafter “philophone”) which is a local mental medicine in Busan East-gu, in a coffee 303 unit.

2. Defendant B

A. The Defendant 1 administered approximately 0.05 grams of philophones in water at the same time, at the same place as the above 1.1. paragraph, and administered them by means of injection with the Defendant’s arms using a disposable injection device.

B. At around 10:40 on the same day as above 1.3, the Defendant kept the penphones containing approximately 0.5g 0.55g of philophones contained in a transparent plastic bag, and the sum of 0.58g of philophones contained in a transparent plastic bag, in hand, at around 10:40 on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographss, such as each protocol of seizure and injection;

1. Each response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about each criminal history and the application of Acts and subordinate statutes concerning personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. Sentencing criteria;

A. The three types of Defendant A [the scope of recommended punishment] medication, simple possession, etc. (b) are set forth.

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