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(영문) 부산지방법원 2020.04.28 2020고단955
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, shall not administer psychotropic drugs-related psychotropic drugs-related campons (one copon, one copon, and two copon (hereinafter referred to as “copons”).

1. From March 29, 2017 to April 7, 2017, the Defendant administered phiphonephones in a way that 0.03g of phiphones from March 29, 2017 to April 7, 2017 in a scopon on a scopon with an inscopon inscopon inscopon to the coffee.

2. Around June 23, 2017, around 19:00 on June 23, 2017, the Defendant administered philophones by hanging approximately 0.03g of philophones to coffee in the Defendant’s residence located in Busan B, Busan, around June 23, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report (written request for an investigation by a probation office, a probation office, etc.);

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., concerning the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 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.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

(c)the guidelines for multiple crimes;

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