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(영문) 부산지방법원 2020.10.16 2020고합297

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around February 2020, the Defendant administered MDMA medication in a manner that is deemed as a psychotropic drug with water, and with six (6) persons, including MDMA1/2, around February 202, 20, such as MDMA (hereinafter “MDMA”) apartment C, D, E, F, G, and H. Around February 2, 202.

Accordingly, the Defendant, in collusion with D et al., administered MMA.

2. At around 06:30 on April 16, 2020, the Defendant, who administered and used MDMA and Hub (Synthetic marijuana), referring approximately 0.8 g of JWH-018, a psychotropic drug, and its similar chain mar (hereinafter referred to as “H-018”), to a tobacco and smoke with K, by inserting approximately 0.8 g of psychotropic drugs, and attaching them to the said tobacco.

Accordingly, the Defendant, in collusion with K, administered and used MMA and hub (synthesis marijuana).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect to the public prosecutor in K;

1. Protocol concerning the examination of suspect of G;

1. A, a preliminary test report, and an appraisal report (Evidence Nos. 29,31 in the list of evidence);

1. Application of Acts and subordinate statutes to investigation reports (the result of a suspect K and A, a summary trial report) and investigation reports (the process of arrest and seizure site, and attachment of photographs of seized articles);

1. Article 59 (1) 5, Article 3 subparagraph 5, and Article 2 subparagraph 3 (a) of the Act on the Selective Control of Narcotics, Etc., Article 30 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Criminal Act on the Control of Narcotics, etc., Articles 60 (1) 2, and 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act (the point of use and medication of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (referring to the aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., due to the use of a heavy hub, which is heavier than the punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation or order to attend a community service order under Article 62-2 of the Criminal Act;

1. Collection of narcotics;