logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.13 2017고단1179
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On February 8, 2017, the Defendant was on the street in front of D, located in Suwon-gu, Busan, around 04:55, and was aware of it.

E delivered approximately 0.07 g of Melopopon (one philopon; hereinafter “philopon”) to E, which is a local mental medicine, to receive narcotics, etc.

2. On February 8, 2017, at the same place as above 13:35 around 13:35, the Defendant received narcotics, etc. by delivering approximately 0.07g philopon to E without compensation.

3. On February 21, 2017, around 14:00, the Defendant, at the Defendant’s residence of 102 building F. F. 102 in Suwon-gu, Busan, and 0.07g of philopon into a single-use injection machine, dilution them with water and injected them into arms.

4. On February 21, 2017, at around 14:10, the Defendant: (a) placed in the front of D paragraph 1 of the above paragraph D; (b) one plastic package containing approximately 0.94 g of philopon; (c) one disposable injection device containing approximately 0.17 g of philopon; and (d) one log injection device containing 0.19 ml of liquid containing a luopon; and (c) carried a philopon.

5. On February 21, 2017, the Defendant: (a) around 15:20, at the Defendant’s residence; (b) one plastic package containing approximately 0.11g of philophones; (c) one plastic flogram package containing approximately 0.08g of philophones; and (d) one disposable flophone containing approximately 0.11g of philophones, and carried philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Each written appraisal;

1. A criminal report (attaching an indictment to be attached to a public E crime);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Selection of Imprisonment, respectively;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Confiscation.

arrow