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(영문) 창원지방법원 마산지원 2021.01.19 2020고단1233

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On April 24, 2020, the Defendant drank each of the following beverages: (a) around April 24, 2020: (b) around Busan Shipping Daegu Building C; (c) around around April 24, 2020; and (d) around the fluoral volume of the philopon in the fluoral drinking beverage, respectively.

Accordingly, the Defendant conspiredd with D to administer philophones.

2. On May 4, 2020, the Defendant drank in around May 4, 2020, at the same place as the above Paragraph 1, and on the philophone’s d’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

Accordingly, the Defendant conspiredd with D to administer philophones.

3. On May 28, 2020, the Defendant dump dump dump dump on May 28, 2020, respectively. < Amended by Act No. 10454, May 28, 2020>

Accordingly, the Defendant conspiredd with D to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time suspect examination protocol with regard to D;

1. Investigation report (as to the attachment of some of the descriptions mentioned in the female-friendly equipment among the contents of conversations with seized telegrams);

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of additional collection charges);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with prison labor for each type of crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes for the violation of the Act on the Control of Narcotics, Etc., paragraph (3) of the most serious criminal facts);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Class 1 Crimes [Determination of Type] / [Determination of Violation of the Narcotics Control Act] / [Determination of Type] / 01. Medication, simple possession, etc. / [Type 3] b. Item (c) and Item (c) / [Special Sentencing Person] mitigated element: The reason for special consideration to the participation in or motive for the crime.