logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2017.07.19 2017고단116
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 to 10 shall be confiscated.

From the defendant, 100.

Reasons

Punishment of the crime

On February 26, 2016, the Defendant was sentenced to one year and two months of imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on February 26, 2016, and completed the execution of the sentence in Daegu Prison on December 19, 2016 and had seven same criminal records.

1. Violation of the Act on the Control of Narcotics, Etc. - The Defendant administered once, on February 21, 2017, approximately 0.03 grams in public toilets near the Si of Gyeongnam-si, Gyeongnam-si, and around 12:00, in a way that mersphopy (one penphone; hereinafter referred to as “opon”).

2. Violation of the Act on the Control of Narcotics, Etc. - Possession of the Defendant: (a) around 14:00 on February 21, 2017, the Defendant placed in the Frane vehicle parked in the E-cafeteria parking lot located in Gyeongnam-si, Gyeongnam-si; (b) the Defendant carried a 2.82g of philopphone 2.82g and 0.13g of philopphone 0.95g in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. Each response to a request for appraisal;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (the date of release and confirmation of the date of release and attachment of judgment);

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 criminal facts;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Recommendations for the application of the sentencing criteria: The person who is subject to special sentencing between October and two years (aggravating): The same criminal record and the same criminal record (a stay of execution not exceeding three years);

2. Determination of sentence: (a) the Defendant re-offendered during the period of repeated crimes; (b) the same criminal record was seven times in total; and (c) the Defendant’s age, sex, environment, circumstances of this case, the circumstances, means and results of this case; and (d) the sentence shall be determined as ordered by taking into account all of the sentencing conditions specified in the present pleadings

arrow