logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2014.03.07 2013고단891
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Five vaccinations for administration, which have been seized, shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

Nevertheless, at around 16:00 on October 23, 2013, the Defendant received approximately 0.03 g of psychotropic drugs from D in front of the Defendant’s residence in Tong Young-si, and administered approximately 0.03 g of psychotropic drugs, on October 24, 2013, by dividing them into two parts for one-time injection, containing approximately 0.03 g of opon, delivered at D’s office located in Tong Young-si, Ma Young-si, Ma-si, a third-time injection, into two parts for one-time injection, and then inserting them into two times in one’s left part.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Report on investigation (report on the calculation of additional collection charges);

1. Application of Acts and subordinate statutes to requests for appraisal, reply and written appraisal;

1. 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 on the Control of Criminal Facts (the point of receipt and medication of narcotics);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. According to the sentencing guidelines in the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the defendant is recommended to be sentenced to 8 months to 2 months and 3 months (in the case of the violation of the Act on the Control of Narcotics, Etc. (favour) due to the number of narcotics in the market, recommendation for the mitigation area (i.e., the "self-denunciation" as a special mitigation factor), (ii) the recommendation for the mitigation area of types 2 (i.e., the former and each recognition) of the Act on the Control of Narcotics, etc. due to the administration of narcotics, etc. in the judgment, with respect to the crime of violation of the Act on the Control of Narcotics, etc. (i.e., the "self-denunciation" as a special mitigation factor), (iii) the recommendation for the mitigation area of types 2 (i.e., the former and the former and the latter as a special weight factor), and (iv) the handling of multiple crimes.

arrow