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(영문) 울산지방법원 2018.05.30 2018고단981
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on two years and six months, and completed the execution of the sentence at the interesting prison on November 13, 2015.

Defendant is not a narcotics handler.

1. On January 13, 2018, at around 18:30, the Defendant: (a) provided approximately 0.1g of the Mepta (one philopon (one philopon), a local mental medicine, to E free of charge on the front side of D, located in Changwon-si Mapo-si C.

2. On February 15, 2018, the Defendant: (a) injected approximately 0.05g philophones into a single-use injection machine; and (b) injected them into the Defendant’s arms by inserting them into a single-use injection machine on February 15, 2018.

3. On February 16, 2018, the Defendant administered approximately 0.05 grams of oponphones at places under paragraph (1) in the same manner as the preceding paragraph.

4. On April 1, 2018, the Defendant administered approximately 0.05 grams at the place of paragraph 2 at around 18:30, in the same manner as paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Each protocol of seizure and the list of seizure;

1. A written appraisal of narcotics and a written response to a request for appraisal;

1. Previous records of judgment: Application of the results of inquiry, such as criminal history, and investigation reports (Attachment to previous records of repeated crimes and judgment, etc.);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Crimes No. 1 of the sentencing guidelines [the scope of the recommended punishment] , including trading, arranging, etc. (1.6 to 4 years).

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