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(영문) 울산지방법원 2020.01.08 2019고단3209
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

1. The Defendant violated the Act on the Control of Narcotics, etc. (mariana) in the form of smoking in C New Horse, a car parked in a parking lot in the burine from around 14:00 on June 7, 2019 to around 14:30 on a so-called crying day, in a manner that the Defendant gets in a smoked in a way that the Defendant gets in a smoked by inserting the leaf leaves of a large quantity of marijuana into c

2. Around 15:30 on June 25, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) contained approximately 0.03 g of psychotropic drugs, which are psychotropic drugs received from F, in a single-use injection machine, and administered them in a way that they are injected into the left part of the bloodline after dilution by inserting approximately 0.03g of psychotropic drugs, which are psychotropic drugs received from F.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, blood control, medication or partially photograph, two scores of philophones, investigation reports (in comparison with the State and a water appraisal report), response to requests for appraisal, four copies of a narcotics appraisal report, investigation report (in relation to the oil or electronic appraisal report, etc.), and a statement of genetic assessment;

1. Investigation report (calculated on additional charges), and monthly trend of narcotics;

1. Application of each existing statute referred to in subparagraphs 3 and 4, of seized evidence;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Control of Narcotics, etc., Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of smoking marijuana) of Article 2 of the Act on the Control of Narcotics, etc.;

1. Selection of each sentence of imprisonment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

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 of the provisional payment order;

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

2. The sentencing criteria shall be set.

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