beta
(영문) 부산지방법원 2019.06.25 2019고단1136

마약류관리에관한법률위반(향정)등

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 14:00 on October 14, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked in the manner of smokeing a smoke by attaching a flash, in the vicinity C of the mass city B, the flash of a tobacco in the form of a flash in the form of a flash, in which the fla

2. Around October 14, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) was administered by inserting approximately 0.05 g of psychotropic drugs in the single-use injection machine at the Do apartment E residence in Busan Northern-gu, Busan, on October 14, 2018, and dilution them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (based on the results of appraisal for the period of one-time injection or seizure), investigation report (based on the calculation of a surcharge);

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., Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense;

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;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. 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.

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

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Types] / 01. Medication, simple possession, etc. (Type 2) / marijus;

Items e and e.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, imprisonment from August to June 1.

(c) Scope of recommendations according to the standards for handling multiple crimes: 1.0% of the upper limit of crimes No. 2 of October through February 1.