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(영문) 울산지방법원 2020.04.08 2020고단555
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of suspension of the execution on June 28, 2019 to imprisonment with prison labor for a violation of the Narcotics Control Act, etc. at the Suwon District Court Sejong District Court on June 20, 2019, and the sentence becomes final and conclusive on June 28, 2019 and is currently under suspension of the execution.

【Criminal Facts】

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.

1. On November 201, 2019, the Defendant: (a) inserted approximately 0.05 gramphonephones in a single-use c of the Ulsan-dong building B, Ulsan-gu; (b) dilution with water; and (c) administered phiphones in a way of injecting them into their arms.

2. At around 22:00 on January 30, 2020, the Defendant, at the same place as above 1, 2020, injected 0.05g phiphones into a single-use injection machine, dilution with water, and administered phiphones by means of injection with his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Request for a close examination of the reaction to drugs, a narcotics appraisal statement, a criminal investigation report (comonopon medication photographs), a criminal investigation report (training results - a suspect's written appraisal results), a criminal investigation report (training results - training results) (training results) and a response to a request for appraisal;

1. A report on investigation (related to a claim for an additional collection charge);

1. Records of judgment: Application of Acts and subordinate statutes to investigative reports, criminal records, and references to criminal records;

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. 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 Aggravation) Aggravations: the same kind of factors.

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