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(영문) 부산지방법원 2020.05.13 2020고단876
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around October 19, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) was administered in a manner of drinking together with water, after having received from D psychotropic drugs, MDMA (EMA name “EM”) from D at the home of male-friendly job-care D (a criminal investigation) located in Busan Jin-gu Btel C around October 22, 2019.

2. The Defendant, in violation of the Act on the Control of Narcotics, etc. (marijuana) smoked with smoking pipes 0.3g of marijuana attached by D at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes to a maternity appraisal report and investigation report (calculated additionally);

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of administration of X-the-counter medication) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of operation of marijuana smoking) of the Act on the Control of Narcotics, etc., and the selection

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

1. 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 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: The upper limit of crimes of October through February 1.

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