logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2017.10.12 2017고단943
마약류관리에관한법률위반(향정)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a special injury at the Changwon District Court for one year, and that judgment was final and conclusive on the 30th of the same month, and is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On February 3, 2017, around 22:00, the Defendant administered the meconthic dose of Metepiles (one philopon; hereinafter referred to as “philopon”) which is a primary mental medicine in Gangseo-gu Busan, Gangseo-gu, Busan, by dilutioning the meconthic dose with a single-use injection device.

B. On April 4, 2017, at around 18:00, the Defendant administered approximately 0.035 gramphonephones purchased from F in the Ecom’s Maurine Da, Kimhae-si, in a way of dilution with water into one’s arms using a disposable injection device.

(c)

On April 5, 2017, the Defendant, at around 18:00, administered 0.035g of philophonephones purchased from F in the above Ecom’s non-competing room, in a manner of dilutioning them into water and setting them into one’s arms using a disposable injection device.

2. On March 30, 2017, the Defendant, in violation of the Narcotics Control Act (marijuana), smoked marijuana in such a way that, at around 20:00, the H located in G in Kimcheon-si, smoked from the end of tobacco being taken into the influent hemp.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A protocol of seizure and a list of seizure;

1. Investigation report (calculated of an additional collection charge against a suspect A);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the points of philophone medication) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the points of malophone medication) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow