logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2016.08.25 2016고단947
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.

1. On November 2015, the Defendant purchased approximately KRW 0.8g of cash amounting to KRW 500,000,000 from the alleyway in front of “CMat” located in Annyang-si B, Annyang-si, Annyang-si (hereinafter “philopon”).

2. On November 2015, the Defendant 19:00 was administered once by inserting approximately approximately KRW 0.08g of philopon purchased at the Defendant’s residence as described in paragraph 1 at the Gu E and 1111, into a disposable injection machine for one-time use, and dilution with vegetable water, and then injection into the vegetable arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement statement made by the police with D;

1. Application of Acts and subordinate statutes on narcotics appraisal;

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. and Selection of Punishment for Crimes (the purchase of phiphones and the provision of medication, and the selection of each imprisonment with prison labor);

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. 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) Honopon medication / [the scope of a recommended punishment ] 3 types (b) of the Special Act on the Medication of Narcotics Crimes, including the medication, simple possession, etc. (c) : 10 to 2 years) (a person subject to special sentencing)

(b) Purchasing or receiving for medication and mere possession, etc. in the mitigated area of the (1) of the Act on the Punishment, etc. of Handphones (hereinafter referred to as "special mitigation"), including trading, arranging, etc. of narcotics crimes

(c) Scope of punishment revised according to the guidelines for handling multiple crimes: Imprisonment with prison labor for a period of ten months to two years;

2. Under the sentence decision, the circumstances constituting the conditions of sentencing, such as the age, sex, family relationship, family environment, and the circumstances after the commission of the crime, are as follows.

arrow