beta
(영문) 서울중앙지방법원 2016.09.01 2016고단4477

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for eight 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

Defendant is not a narcotics handler.

From around 21:00 to around 22:00 on August 4, 2015, the Defendant administered a psychotropic drug by dilution the non-fluoric volume of the psychotropic drug, together with C, D, E, etc., Btel 804, Busan Shipping Daegu Btel 804, C, D, E, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for D, C, or E;

1. The application of statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act / [Grounds for calculation] / 10,000 won for the sentencing of 100,000 won for a single-time medication / [the scope of recommendation according to the sentencing criteria] - the mitigation area (one month to one year and six months), such as medication, simple possession, etc. - the special mitigation area (one month to one year) - Where any reason especially for consideration exists for a crime committed or motive for crime (decision of sentence] In the case of narcotics-related crimes, etc., it is necessary to punish the crime in light of the fact that the crime resulted in the degradation of individuals, homes, society, and human beings, which exceeds the individual criminal act

I would like to say.

In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the sentence as ordered shall be determined within the scope of the recommended sentence.

Unfavorable circumstances: Emotional philophones have caused a training reaction.

The favorable circumstances: At the request of C, D, E, etc., philophones have been administered.

It did not proceed to the crime of arranging the sales of philophones.

It is an initial crime without any criminal record.