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(영문) 부산지방법원 2020.12.24 2020고단3007
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, he/she shall not administer a Mebane (one philophone; hereinafter referred to as "philophone").

Nevertheless, at around 21:00 on July 26, 2020, the Defendant administered philophones by means of drinking drinking water in the Daegu Suwon-gu B building C, and the philophones volume.

Summary of Evidence

1. Statement by the defendant in this court;

1. Application of Acts and subordinate statutes to the accused stated in the statement and statement of the police suspect examination protocol (the result of the suspect's intensive examination);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Selection of Imprisonment with prison labor) concerning the relevant criminal facts and the selection of punishment;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the additional collection shall be 100,000 won for phiphones administered by the defendant); and

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.

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

3. Determination of sentence: The defendant's period of punishment has reached 25 times, which includes four times the criminal records of the same kind of crime, shall be considered in light of the circumstances unfavorable to the defendant; the confession and reflect of the defendant; and the frequency of medication of this case is only one time, etc.; considering the circumstances favorable to the defendant, the defendant's age, character and conduct, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and considering the circumstances after the crime, etc., six months shall be sentenced to imprisonment with labor below the recommended punishment according to the above sentencing guidelines.

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