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(영문) 울산지방법원 2018.11.21 2018고단2850
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Two injections (which are detected by Defendant's DNA), among subparagraph 1 of seized evidence, and evidence.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 24, 2018, around 22:00, the Defendant attempted to administer a drug by inserting approximately 0.05g g of Melopic Melopic Melopic Melopic Melopic Melopic Melopic (hereinafter “Melopic Melopic Melopic Melopic Melopic”), which is a local mental medicine that was dried by D in Gangnam-gu Seoul Metropolitan Government building C, into a single-use injection instrument, and dilution into the Defendant’s arms.

2. On August 30, 2018, the Defendant placed approximately 0.05g of philophonephones d from D in a single-use injection machine at the location of the preceding paragraph at around 22:00, and added them into a failed attempt, for the Defendant’s arms, to administer them by means of injecting them into the Defendant’s arms.

3. On September 28, 2018, the Defendant administered approximately 0.05g of philophonephones 0.05g by dilution and dilution at the location of paragraph 1 at D around September 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Records of police seizure, lists of seizure, and photographs of seized articles;

1. An appraisal report on each drug, a gene appraisal report, data on the same case as a result of the DNA identity verification data search, a inquire report on a convict DNA personal information, and a criminal investigation report (the result of the Defendant’s climatic narcotics assessment);

1. Investigation report, application of statutes governing the monthly trend of narcotics, etc.;

1. Relevant Article 60 (1) 2, and Article 4 (1) 1, 2, and 3 and item (b) of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the said items) of the three types, including medication and simple possession, etc.;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

The defendant.

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