beta
(영문) 의정부지방법원 2020.07.29 2020고단2955

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

A person other than a person handling narcotics, shall not trade, assist in the trade of, give or receive, possess, possess, use, administer, prepare, administer, or provide psychotropic drugs (hereinafter referred to as “copon”), and the defendant is not a person handling narcotics.

On February 2, 2020, the Defendant: (a) laid down lids of plastic bottles containing water at the small room of the building B at the end of the river of Ycheon-si, the Defendant: (b) laid lids of plastic bottles each by drilling two holes; (c) laid down lids on the cover of the penphones; (d) heated the volume of the penphones into the string to pass through the said bottle by using the string as soon as possible; and (e) administered them by the method of inhaleing the smoke (hereinafter referred to as the “catis”).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to an investigation report (a separate detention suspect's statement attached to a witness statement), text dialogue statement, internal investigation report (a confirmation investigation into the details of telephone conversations between A-D), telephone conversations statement, internal investigation report (a digital siren of DNA mobile phones), investigation report (a investigation into the market price of narcotics and the calculation of additional charges), investigation report (a reply to an assessment of narcotic drugs), and narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (see the above investigation report on Additional Collection);

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.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

2. The fact that the offense subject to the determination of sentence affects an individual and society significantly, etc.