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(영문) 울산지방법원 2012.11.23 2012고단2003
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

As a defendant, 400,000 won shall be additionally collected.

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. 2012 highest203;

A. On June 21, 2012, the Defendant issued approximately 0.14 g of the psychotropic drugs-related camine to D’s restaurant in Busan East-gu, Busan-dong (hereinafter “C’s restaurant”) without compensation, at approximately 0.14g of the psychotropic drugs-related camine.

B. On June 25, 2012, around 21:00, the Defendant injected approximately 0.1g of philopon into the restaurant E restaurant, in a single-use injection machine, and dilution with water, and administered it in a way of injection with his arms.

2. On May 29, 2012, the Defendant, at around 18:45, delivered approximately 0.03 g of philopon to D around F apartment in Busan Dongdong-gu, Busan, without compensation, around May 29, 2012.

Summary of Evidence

2012 Highest 2003

1. Statement of the accused in the first protocol of trial;

1. Copy of the protocol of suspect examination of D by the police;

1. Each request for appraisal;

1. Investigation reports (report on the market price of narcotics, etc.);

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Each point of Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc.;

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;

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