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(영문) 창원지방법원마산지원 2020.12.08 2020고단995
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 17:00 on August 31, 2020, the Defendant: (a) transferred the volume of philophones purchased from an unqualified person in his name from Changwon-si Bac; (b) around 2019 to a single-use injection instrument; and (c) dilution with water; and (d) administered philophones in a way of injecting them into the dead arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation of the police suspect interrogation protocol against the accused (the confirmation of the suspect's body, the voluntary submission of his or her defense, the attachment of a simple reagents examination process photograph) internal investigation report (the attachment of narcotics appraisal report to the suspect's base - the response to the training of phiphonephones) by the Act and subordinate statutes shall apply.

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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 punishment by law: Imprisonment with prison labor for a period from 1/2 to 5 years;

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.

F. [Special Sentencing] Reduction element: A self-denunciation [the area of recommendation and the scope of recommendation], the area of special mitigation, three months to one year and six months, where there are grounds for special consideration in the commission of a crime or the motive of a crime.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant, who renders a sentence, administered a penphone.

Defendant acknowledges and reflects crimes.

Self-denunciation was made.

The administration seems to have been administered once in the first instance.

The defendant shall not be subject to the previous penalty and imprisonment.

The age, character and conduct, environment, and motive of crime of the defendant;

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