logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2017.12.14 2017고단1128
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence No. 2, seized by the defendant, shall be confiscated and KRW 100,000.

Reasons

Punishment of the crime

On February 26, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on February 26, 2016, and was not a person who completed the execution of the sentence at the Busan Correctional Institution on July 19, 2016.

1. Around August 16, 2017, the Defendant, at the D outside male toilet located in Seo-gu Busan, Seo-gu, Busan, put about about 0.03 grams for a single-use medication, which is a local mental medicine medicine, into a single-use injection machine, dilution, and medication by means of injection.

2. On August 20, 2017, the Defendant: (a) around 23:10, in the Defendant’s residence in Seo-gu Busan, Busan, Seo-gu, 502; (b) in the state of under the influence of alcohol, the Defendant saw the victim F (V, 53 years of age)’s drinking to go beyond one time, without any particular reason, with excessive (9 centimeters in the blade length) that is a dangerous object on the customer of the ward in the ward where he was in the ward; and (c) placed the victim’s left shoulder and head parts one time, with which the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. A paper of medical records;

1. Ratification (Notification of Results of legal and chemical appraisal);

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the date of release of the suspect) statute;

1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. (the point of scopon medication, the choice of imprisonment with prison labor), Article 258-2 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations made in the sentencing guidelines) is the clopon medication.

arrow