logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.09.04 2015고단1899
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 23, 2014, the Defendant: (a) purchased psychotropic drugs, and around 23:00 as of January 23, 2014, received KRW 300,00 from C and approximately 0.4g gramopon in a knife car, within a knife car, in which it is impossible to identify the number he was aboard C in the vicinity of the knife railway station located in Songpa-gu Seoul, Songpa-gu Seoul.

Accordingly, the defendant purchased philophones.

2. The Defendant, at around 23:10 as of January 201, 201, injected approximately 0.1g of phiphones purchased at the same place as above in paragraph (1) and injected them into water with water, and injected them into the left bloodline.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second police statements concerning C;

1. The application of the Acts and subordinate statutes of April 2015 (as regards the administration of phiphonephones under paragraph (2) of the crime on the market, a statement made by C investigative agency that sold phiphones may serve as reinforced evidence for the confession of the defendant (see Supreme Court Decision 2008Do7883, Nov. 27, 2008)).

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of sale and purchase of phiphonephones and the point of administration) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment with prison labor;

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. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the scope of final sentence due to the purchase for medication, simple possession, etc. [the range of recommending persons] and the mitigated area ( August-1 year-6) of Part 2 (the scope of recommending persons), the mitigated area ( August-1 year-6) of Part 2 (the scope of recommending persons), including the sale and purchase of Part 1 (the scope of recommending punishment), the medication, simple possession, etc. (10-2 years), and the basic area (10-2 years) of Part 3 (the scope of recommending persons) of the Act on the Control of Narcotics, etc.) [the scope of final sentence due to the punishment of the defendant for the same kind of crime: From October-2 years-9 [the decision of sentencing].

arrow