logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.11.13 2020고합365
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

The Defendant, who is not a person handling narcotics, shall not use JWH-018, psychotropic substances, and 5-FDB (a single "synthetic marijuana"; hereinafter referred to as "synthetic marijuana") corresponding thereto.

1. On July 2019, the Defendant: (a) taken a PC smoking room on the trade name in Busan Jung-gu, Busan, on July 1, 2019; (b) taken the PC smoking room on the end of tobacco; and (c) used synthetic marijuana in a way that smokes are cut off by attaching fire to the end of tobacco.

2. Around July 19, 2019, the Defendant used synthetic marijuana at the entrance of the play site of the Busan YY C, around 14:00 on July 19, 2019, in the same manner as that of paragraph (1).

3. On July 21, 2019, around July 21, 2019, the Defendant used synthetic marijuana at the entrance of the Busan Bridge C building playground in the same manner as paragraph 1, around July 21, 2019.

Summary of Evidence

1. Preparing a protocol of examination of the accused's suspect regarding D's court statement (Evidence No. 26);

1. Application of Acts and subordinate statutes to an investigation report (as to attachment of a copy of case record), suspect interrogation report (D), investigation report (as to the process of video recording), investigation report ( as to the suspect's telephone conversations), investigation report (as to attachment of a request for appraisal), investigation report (as to the statement of request for appraisal);

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, etc., for the sake of criminal facts and the Selection of Punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes on July 21, 2019), among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Additional collection:

(a) Grounds: The proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

(b) Calculation of an additional collection: 60,000 won [the price for one-time medication 20,000 won (the price for one-time use of synthetic marijuana in a governmental region pursuant to the "monthly trends for narcotics, etc." issued by the Supreme Prosecutors' Office in May 2020] ¡¿ 3 times of use];

arrow