logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.11 2016고단5049
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Even if the Defendant is not a narcotics handler, the Defendant handled the Mebacule (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On May 2016, the Defendant administered philophones by raising the volume of philophones into a string room located in Jung-gu Incheon Metropolitan City’s Jung-gu’s “Curphones” on the strings, and by using the inhaled tool, the Defendant injected philophones in a manner of spreading the strings.

2. On July 2016, the Defendant administered the d, D, 201 of Guro-gu Seoul Metropolitan Government, and philophones in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Application of the statutes of the response request for appraisal;

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. 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended sentence based on the guidelines for multiple crimes: From 10 months to 2 years (the basic area for the medication, simple possession, etc. of drugs-related groups) respectively: Imprisonment with prison labor for 10 months: 0 months to 3 years;

2. A narcotics-related crime is a serious crime that leads to the destruction of home and society as well as to the criminal himself/herself.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant was sentenced to a simple medication, and that the defendant was found to have been erroneous, that the defendant was not guilty of the same kind of punishment, and that there was no other criminal record other than a single fine

arrow