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(영문) 대구지방법원 2020.06.24 2020고단1667

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for 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.

Around August 31, 2019, the Defendant administered one-time medication with male and female pets (hereinafter referred to as “copon”), together with his nameless male and female pets, in a single-time injection method, with one-time medication method.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 2 and 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. Probation and community service order under Article 62-2 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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. 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.

F. [Special Egressor] - Reduction element: A self-denunciation [the area of recommendation and the scope of recommendations] where there are extenuating circumstances in particular for commission of a crime or motive of a crime; a special mitigation range; a person who has been sentenced to imprisonment for three to one year [the general person] - a mitigation element; a person with mental disability (which is responsible for the person in question] - Major pride reasons: A person who voluntarily surrenders to a crime or motive of a crime; a person who voluntarily surrenders to a general pride; a person who has no criminal record of a stay of execution or heavier punishment;

3. Determination of sentence: Two years of imprisonment with prison labor for a period of six months;