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(영문) 창원지방법원 마산지원 2021.02.16 2020고단1098
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 1, 2020, at around 23:00, the Defendant administered approximately 0.03 g of the Melopon (one philopon; hereinafter “philopon”) to the Melopon, which was given free of charge from the person who was killed in the name name (hereinafter “D”).

2. On June 7, 2020, the Defendant administered at the same place as the above Paragraph 1, around 01:00, and administered 0.03 g of philophones in the form of riding on the subject.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time suspect examination protocol against the accused;

1. Investigation report (Attachment of a report on the climatic or maternity appraisal);

1. A written appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of additional collection charges);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 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;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination of Violation of the Act on the Control of Narcotics, Etc.] / [Determination of Type] / 01. Medication, simple possession, etc. [Type 3] b. and Item c. [No person subject to special sentencing] / [the territory of recommendation and the scope of recommended punishment] basic area, 10 months to 2 years;

(b) Second crime [Determination of Type] / [Determination of Violation of the Act on the Control of Narcotics, Etc.] / [Determination of Type] / 01. Medication, simple possession, etc. / [Type 3] . (b) and (c) / [Special Sentencing Persons] None (the territory of recommendation and the scope of recommendations] basic area, ten months to two years;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: 10 months to 3 years (the first crime).

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