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(영문) 울산지방법원 2019.07.10 2019고단1619
마약류관리에관한법률위반(향정)
Text

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

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

Defendant is not a narcotics handler.

1. On April 22, 2019, at around 16:00, the Defendant administered 0.05g of psychotropic drugs, which were purchased at KRW 200,00,00 from his/her own name, by inserting 0.05g of psychotropic drugs, in a single-use injection machine, and inserting them into the right part of the bloodline, after dilution.

2. The Defendant, on April 24, 2019, administered philophones in E female toilets located in Gangwon-do on April 24, 2019, in a way that, as described in paragraph (1), 0.05g of the remaining philophones, after being administered in a single-use injection instrument, were injected in a way that the Defendant injected them into the right part of the blood transfusion after dilution.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (Attachment to photographs, etc. of a suspect's arms), and a photograph of the suspect's selling for medication;

1. Report on investigation (Attachment of the result of the preliminary test for urinals), report on the result of the preliminary test for narcotics;

1. Report on investigation (Attachment of a narcotics appraisal report), and response to a request for appraisal;

1. Investigation report (survey of the current market price of the Mepta Pota and calculation of additional collection charges), and monthly trend of narcotics;

1. The application of Acts and subordinate statutes to prosecution documents, investigation reports, appraisal reports and appraisal reports;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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 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. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

There is no special sponsor (special sponsor).

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