logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.22 2016고단1526
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

600,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the District Court of the Republic of Korea on one year and four months, and three years of suspended execution, and the same criminal records are more than five times, and the Defendant is not a narcotics handler.

1. On March 14, 2016, the Defendant: (a) around March 14, 2016, on the roads front of the mutual influorial source located in the Songpa-gu Seoul Metropolitan Government tin village; and (b) Metepop (hereinafter referred to as “philopon”).

approximately 0.4g in 190,000 won in return for the purchase and sale of philophones.

2. On May 1, 2016, the Defendant administered philophones by drinking out approximately 0.1g of philophones on the Frana car parked on the road in front of real estate located in Gwangjin-gu Seoul Special Metropolitan City, in a beer, from the Franchis car parked in front of the real estate.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect C;

1. A report on seizure and a reply to a request for appraisal;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the point of trade of phiphones) of the Act on the Management of Narcotics, etc., Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of trade of phiphones) of the Act on the Management of Narcotics, etc., and choice of imprisonment for each sentence;

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. 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 the recommended sentences according to the sentencing criteria;

(a) The basic area (one year to two years) of the sales of philophones (the scope of the recommended punishment), trading, intermediation, etc. of the sales of philophones;

(b) Type 3 (Preferred to in items (b) and (c)) of the basic area (from October to two years);

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to three years.

2. As set forth in the sentence, the age, sex, family, family relationship, family environment, motive and means of the commission of the crime, as well as the defendant's age, sex, family relation, family environment, and motive

arrow