beta
(영문) 부산지방법원 2017.09.21 2017고단4058

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On August 7, 2017, at around 02:00, the Defendant administered philophones in a 308 'Ecom' 'Ecom' located in Daegu hydro-gu, Daegu, the Defendant administered philophones by driving the mephones (one name, 'philophone'; hereinafter referred to as 'philophones'), which is a local mental medicine, on a coffee.

2. On August 7, 2017, around 13:10 on August 7, 2017, the Defendant possessed a phiphone in a manner that sets up a transparent bag containing approximately 1.63g Handphones on the table at 501 heading room in Busan East-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Notification of the results of each legal chemical appraisal and reply to a request for appraisal;

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

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to imprisonment;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);

1. The scope of the final sentence according to multiple aggravated crimes (10 to 2 years) in the basic area (10 to 3 (2 years), including medication, simple possession, etc.) of the 1st sentence of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act) without the basic area (10 to 3 years) (10 to 40 days) (the scope of the recommended punishment), including medication, simple possession, etc.) of the 2nd sentence (10 to 3 years) of the 3nd sentence (10 to 10 years) of the 3nd sentence (the person subject to special sentencing) of the 10th sentence): 10 to 3 years [the decision of sentence] of the defendant has a number of criminal records, including the past sentence of this kind of punishment before 10 years, but there is no same record of criminal records, and the defendant has been detained for more than 40 days.