logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2016.04.21 2016고단436
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The evidence of seizure No. 5, 6, 8, and 9 shall be confiscated from the defendant.

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and was released on August 14, 2015 from the original prison on the parole on August 4, 2015 during the execution of the sentence.

Defendant is not a narcotics handler.

1. On March 8, 2016, the Defendant, at around 14:00 on March 8, 2016, administered philophones, caused E to take a total of twice the Defendant’s arms using a disposable injection device, after dilution of non-explosion of Mesophical drugs (one philopon; hereinafter referred to as “philopon”).

Accordingly, the Defendant administered philophones.

2. On March 16, 2016, the Defendant: (a) injected philophones into the Defendant’s arms on March 16, 2016 by dilutioning approximately 0.03 grams of philophones from 15:0 on March 16, 2016 to 15:0 Malophones from 106 on March 16, 2016.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on seizure, a written confirmation of prosecution, a photograph of seized articles, and an appraisal report on narcotics;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the point of administration of philophones, the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Jan. 1, 2008) are as follows: (a) an important investigation cooperation in the mitigation area (from June to January 1, 2008) (including a decision of sentence) of types 3 (the scope of recommended punishment), such as medication, simple possession, etc. (the items (b) and (c)) of the Act on the Control of Narcotics, Etc. (the special mitigation person) (the decision of sentence), including a criminal conviction, committed the instant crime during the repeated

arrow