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(영문) 부산지방법원 2020.05.14 2020고단909
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

[Judgment of the court below] On January 24, 2020, the defendants decided to administer the Megaophones (one philophones; hereinafter "philophones") together with other persons who are not persons handling narcotics, and half of the amount of the Megaophones by receiving the amount of the Megaphones from the Megaos in the D office located in Busan Jin-gu, Busan, around 17:00 on the same day.

【Criminal Facts】

1. At around 18:30 on January 24, 2020, Defendant A administered phiphones in a way of injecting the Defendant’s home room located in Busan Jin-gu E apartment F, Busan, into a single-use injection machine and dilution with aquatic products, and then administering phiphones in a way of injection into the Defendant’s come-of-sular culposis.

2. On January 24, 2020, around 19:10 on January 24, 2020, Defendant B administered philophones by means of drinking the philophones volume in the water.

Summary of Evidence

1. Defendants’ legal statement

1. Investigation report (limited to attachment of photographs on the body or medication of a philophone);

1. Application of Acts and subordinate statutes to each written appraisal (No. 39,41 No. 500)

1. Relevant Article of the Act on the Control of Narcotics, Etc. and the Defendants’ Selection of Punishment: Articles 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation and order to attend the course: Article 62-2 of the Criminal Act;

1. The Defendants: The proviso to Article 67 of the Narcotics Control Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

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.

Sub-paragraph (Special Number of Punishments) Reductions: Self-denunciation [The area of recommendation and the scope of recommendation] Reductions, six months to one year and six months;

3. Determination of sentence: Six months of imprisonment, suspension of execution, two years, probation and order to attend a course, and narcotics as additional collection (100,000 won).

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