logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.12.06 2018고합176
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant treated JWH-018, which is a psychotropic drug, and its carcass (hereinafter “synthetic marijuana”), as follows, even if the Defendant is not a narcotics handler.

1. On February 2017, the Defendant purchased approximately 150,000 won in cash from the “D” container office located in Kimhae-si, Kimhae-si, and approximately 2g of synthetic marijuana.

2. On March 2017, the Defendant: (a) placed a synthetic marijuana fluencies purchased from E in a container office, as described in paragraph 1, in the tobacco paper removed from E; and (b) smoked in a way of smoking with a fire attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Seizure records;

1. A written appraisal of each drug;

1. Details of sending telephone calls;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) (the occupation of purchasing synthetic marijuana and imprisonment with prison labor) of Article 2, subparagraph 5 of Article 59, subparagraph 5 of Article 3, subparagraph 3 of Article 59, and subparagraph 3 (a) (the occupation of synthetic marijuana smoking) of Article 2 of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under Acts: From February to June 22 months; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Purchase for medication and simple possession, etc. of Type 3 (Narcotic drugs, flame A. items, etc.) in the mitigated area (two to five years) of the first crime (the scope of punishment for synthetic marijuana) (the number of punishment for recommendation), trade, referral, etc.

arrow