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(영문) 부산지방법원 2020.05.28 2020고단1468
마약류관리에관한법률위반(향정)
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

The defendant is not a person handling narcotics.

1. At around 22:00 on November 29, 2018, the Defendant: (a) inserted approximately 0.03 g of psychotropic drugs in a single-use injection machine; and (b) administered them by means of injection to the Defendant’s selling blood line.

2. On January 15, 2019, at around 21:00, the Defendant administered approximately 0.03g of philopon into a single-use cell, in a single-use cell, and in a way of injection into the Defendant’s arms blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [No person shall be confiscated because it is difficult to see that the equipment seized at the domicile of the defendant on January 12, 2020 (No. 3) and the species of alcohol (No. 4) have been provided or intended to be provided for a crime in the judgment];

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) 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.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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