logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.01.31 2018고단2229
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 24, 2018, the Defendant: (a) received a request from a line B, a psychotropic drug, from a line B, to seek psychotropic drugs, and consented to such request; and (b) received KRW 600,000 from B to C account in the name of the Defendant on the same day at around 21:12 of the same day.

At around 22:40 on the same day, the Defendant sold 0.7 g of philopon to B in front of the E cafeteria located in Busan Shipping Daegu.

2. At around 22:00 on June 24, 2018, the Defendant administered a philophone in a way that diversating approximately 0.07 g of phiphone into a single-use diversary injection and injection into the Defendant’s arms after dilution of approximately 0.07 g of philophone into a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police as to B;

1. Each protocol of seizure, a copy of the list of seizure, a copy of notification of the results of legal chemical appraisal, a criminal investigation report (the details of sending and receiving text messages between B and A of a suspect), a criminal investigation report (Attachment to the telephone details of June 24, 2018), a criminal investigation report (Attachment to the details of use of siren vehicles of a criminal suspect B), a list of seizure records and seizure, a list of requests for appraisal and seizure, a statement of requests for appraisal, an investigation report (the C account details of a criminal suspect), and the application

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an unfavorable circumstance where the crime of this case was committed by selling and administering a penphone, and the nature of the crime is not good, and the quantity of sold penphones is not considerable.

However, the defendant.

arrow