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(영문) 부산지방법원동부지원 2020.08.25 2020고합65
마약류관리에관한법률위반(향정)
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

Defendant is not a narcotics handler.

1. Around 23:00 on December 20, 2019, the Defendant, holding synthetic marijuana, received from E psychotropic drugs, and carried them free of charge, in the DWH-018 and 5-F-DB (hereinafter “synthesis”), which correspond to the DWW-018 and its similar body, parked in the front of “C transmission point” located in Busan Shipping Daegu B.

2. Use of synthetic marijuana;

A. The Defendant, at the date, time, and place specified in Paragraph 1, told the end of the gambling at the end, and used the smoke by inserting the synthetic marijuana quantity delivered as described in Paragraph 1, and attaching it to it.

B. On January 10, 2020, the Defendant, at around 23:00, 23:00, she saw the gambling place in Busan F apartment G, Busan, and then used it as a means of smoking by inserting the synthetic hemp’s flusium and inserting the flusium at the end.

C. At around 19:00 on January 17, 2020, the Defendant, at the second floor of the H-gu Busan Metropolitan City Hagu, Hambed the end and used the smoke by inserting synthetic marijuana in a fluoral and fluoring it.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Each police interrogation protocol against the accused;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes governing requests for appraisal, such as records of seizure, list of seized articles, photographs of seized articles, narcotics appraisal reports, gene appraisal reports, internal investigation reports, and requests for appraisal;

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning facts constituting an offense (the possession of synthetic marijuana and each point of use);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. [the grounds for calculation of additional collection: 60,000 won (1 time);

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