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(영문) 부산지방법원 2020.09.23 2020고단3037

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

20,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, he/she shall not administer a Mebane (one philophone; hereinafter referred to as "philophone").

1. Around July 15, 2020, the Defendant, around 01:22 on July 15, 2020, administered phiphones by means of dilutioning approximately 0.05g of philophones from Busan Sho-gu Bel C, and injection of philophones into his left part of the blood part by using a single-use injection device.

2. Around July 22, 2020, the Defendant, around 06:00 on July 22, 2020, administered phiphones by means of dilution approximately 0.05g of philopon DNA E and philopon into the part of his left part by using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the records of seizure, the list of seizure, the written test and seal of a urine test, each investigation report (as a result of simple test and summary test attachment-training attachment; as to attachment of photographs on philophone body medication; as to attachment of text messages sent by each suspect and upper line F; as to attachment of text messages sent by each other, calculation of additional collection charges);

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., concerning the relevant criminal facts and the Selection of Punishment;

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. 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. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Sub-paragraph (Special Number of Punishments) Reductions: Self-denunciation [The area of recommendation and the scope of recommendation] Reductions, six months to one year and six months of imprisonment.

2. The decision of sentence is against one's own offence and voluntarily surrenders to himself, has the time to lodge himself in custody for a certain period of time, and as a North Korean resident, the defendant is faced.