logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.02 2016고단7502
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On November 12, 2016, the Defendant, at the residence in Suwon-gu Busan Metropolitan City, administered philophones by inserting approximately 0.07 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, into a single-use injection machine, dilution with water, and injection with arms.

2. On November 13, 2016, the Defendant administered approximately 0.07g philophones in the above residence, and administered them in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Each written appraisal;

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

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The scope of the final sentence according to the aggravated punishment for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) of crimes falling under Category 3 (10 to 3) (the scope of the recommended punishment) in the basic area (10 to 2 years) of the Act on the Control of Narcotics, Etc. for sentencing under the proviso to Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc. (10 to 2 years) (2 years from 10 to 3 years from 2 years from 2007) in the basic area (10 to 3 years from 3 years from 207 (the decision of the sentence). The full confession of the crimes was made in cooperation with the investigation of the crimes, the fact that the defendant's unexpected growth or family intention appears to have partially caused the crimes, and the circumstances are as follows:

arrow