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(영문) 창원지방법원마산지원 2020.08.11 2020고단532

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 31, 2019, the Defendant administered phiphonephones by inserting E into a single-use injection machine for the Mebacam (one philophone; hereinafter referred to as “philophones”) in the dwelling of D located in the Macamba (one philophones) building C at the Government of Madon on July 31, 2019.

2. On August 12, 2019: (a) around 22:00 to 04:00 on August 13, 2019, the Defendant, along with D, administered philophones by inserting the volume of philophones into glass bottles, and passing through plastic bottles containing water caused by attaching a philoter with a buster with a buster as soon as possible, and administered philophones as possible.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. Responses to requests for appraisal with the State;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional 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 facts constituting an offense, and the choice of imprisonment, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

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: 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.

F. [Special Punishment] Reduction element: Where there are extenuating circumstances in relation to the commission of a crime or motive for a crime (the scope of the recommendation field and the scope of the recommendation form); the mitigation range; six months to one year and six months;

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

(i) the item;