logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.04 2015고단6774
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Although the Defendant is not a narcotics handler, on May 28, 2015, at the Defendant’s house located in Busan-gun, Busan-gun around 00:00, the Defendant’s Melopon (hereinafter “philopon”).

approximately 0.07 grams administered Mait narcotics in coffee.

2. Although the Defendant is not a narcotics handler, on July 29, 2015, the Defendant administered approximately 0.07 gramphones on a coffee at the same place as indicated in paragraph (1) around 18:0 to 19:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Application of statutes governing the content of text messages;

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. under the relevant Act on criminal facts;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The scope of the final sentence due to multiple crimes for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) of the first class (2) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc. (the scope of the recommended punishment) (10 to 2 years) of the basic area (2) of the second class (2) of the Act on the Control of Narcotics, etc. for the medication and simple possession, etc. (10 to 3 years of the recommended punishment) of the basic area (10 to 2 years of the special sentencing) of the three types of crimes (2) of the Act on the Control of Additional Collection of Narcotics, etc. (the decision of the sentence]: October to 3 years [the decision of the sentence] of the said Act appears to be a simple medication case by the heart, the serious reflection, etc.

arrow