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(영문) 울산지방법원 2018.10.19 2018고단2000
마약류관리에관한법률위반(향정)
Text

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

Nos. 1 and 2 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

[2018 Highest 200] Defendant is not a narcotics handler.

1. On June 20, 2018, at around 22:00, the Defendant administered the Mesofta (i.e., one philopon), a local mental medicine medicine, in the public toilets in the Si public toilets B in the Changwon-gu, Changwon-gu, U.S., Seoul, in a manner of drinking in the water.

2. On June 21, 2018, the Defendant, around 19:00, filed a lawsuit by inserting approximately 0.2g of philopon in front of the C Officetel in the Changwon-gu, Changwon-gu, the Defendant: (a) in a single-use injection machine.

[2018 Highest 2266] Defendant is not a narcotics handler.

On August 30, 2013, the Defendant: (a) at the Defendant’s home located in Changwon, Changwon-gu, Changwon-gu, D, the Defendant provided approximately 0.03g of Mesophical drugs (one philopon) to E free of charge.

Summary of Evidence

[2018 Highest 200]

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. The photograph of the seizure site, seized articles and the weight measurement photograph of seized articles;

1. A report on investigation (calculated of a surcharge), monthly trend of narcotics, etc. (2018 high group 2266);

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. A copy of the investigation report (the category, etc. of the suspect suspected of narcotics), and the investigation report (the analysis of the suspect E and A currency details);

1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

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., for the sake of facts constituting an offense, and Articles 60 (1) 1 and 4 (1) 3 (b) of the same Act (selected of imprisonment);

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 confessions and reflects the crime of this case.

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