logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.14 2017고단1009
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 2 or 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On September 4, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on September 4, 2015, on September 4, 2015, the Defendant completed the execution of the sentence in the first intersection of the North Korean Dos, and is not a narcotics handler.

1. On February 8, 2017, at around 05:20, the Defendant administered phiphones by inserting water into a single-use injection machine containing approximately 0.07 g of amblopon (one philopon; hereinafter “philopon”) at the Defendant’s residence (U. C. B. 202, Busan), a primary mental medicine medicine, and then administering philopon in a way of injecting it into his/her arms bloodline.

2. On February 8, 2017, the Defendant possessed a phiphone in a manner of dilution approximately 0.07g of philopon with water in a single-use injection machine and keeping it in a single-use injection device at the above residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, investigation reports (netly 7, 8, 18), photographs, and respective expert records;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly 14), text of judgment, application of Acts and subordinate statutes on confinement information;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the punishment recommended] : The scope of the final sentence due to the aggravation of the punishment (one year to three years) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years) of the punishment; the scope of the punishment due to the aggravation of multiple crimes: one year to four years [the decision of the punishment]; the same type of repeated crime is one year to seven times; the same type of punishment is not more than seven times; the amount of the punishment is not more than seven times; the medication is not more than one time; and the medication is taken into account as prescribed in Article 51 of the Criminal Act, including the fact that it is a single person.

arrow