logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.01.21 2015고단2196
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant is not a narcotics handler.

On October 2015, the Defendant administered a penphone on a total of four occasions until December 6 of the same year, as indicated in the list of crimes in the attached Table, by the Defendant, in a total of four occasions until December 2012, 200, a total of 110 dong-gu building C and 304 of the Nam-gu Office building C, a local mental medicine (one name, philophone, hereinafter referred to as “philophone,” and hereinafter referred to as “philophone”).

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of a report on the results of the preliminary experiment on narcotics, a reply to inquiries for appraisal, a reply to requests for appraisal, and a report on investigation (calculated of additional charges);

1. Photographss inside D vehicles, seized objects, and photographs as a result of the inspection of simplified reagents;

1. Application of the existing Acts and subordinate statutes in 11 lids from seized lids (No. 3)

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (Selection of Imprisonment), respectively;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

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 Narcotics Control Act (one minute 100,000 won ¡¿ 4 times = 400,000 won); and

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines: Crimes (a violation of the Act on the Control of Narcotics, Etc.) / [a type] / [a] 3 types of narcotics crimes, medication, simple possession, etc. (b) [a person subject to special sentencing] / The scope of the recommended punishment] / The final sentence due to the aggravation of multiple crimes for not less than 10 months but not more than 2 years: Imprisonment with prison labor for not more than 10 months and not more than 3 months;

3. Determination of sentence: Imprisonment with prison labor for ten months, two years of suspension of execution, protection observation, and medication for forty hours, which may cause serious harm to the society due to its toxicity, and thus requires strict punishment.

arrow