logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.25 2017고단2376
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philophone; hereinafter “philophone”) which is a local mental medicine as follows:

1. On October 31, 2016, the Defendant purchased and sold philophones and administered them on October 31, 2016, the Defendant received approximately 0.1g philophones from F in front of the “E cafeteria” road located in the Southern-gu Incheon Metropolitan City, Incheon, on October 31, 2016, and 150,000 won to F.

Accordingly, the defendant purchased and sold philophones.

After 20:00 on the same day, the Defendant drank the instant philopon purchased from G in Bucheon-si on the beer.

Accordingly, the Defendant administered philophones.

2. On March 31, 2017, the Defendant: (a) purchased and sold philophones; and (b) administered the philophones; (c) on March 31, 2017, the Defendant: (d) held approximately 0.05 g of philophones concealed by a person who was unable to receive the name from “I” due to a mobile phone display in the H market which was located in the city of R.S. on March 31, 2017; and (d) held approximately 80,000 won at each place.

Accordingly, the defendant purchased and sold philophones.

After 21:00 on the same day, the Defendant drank the instant philopon purchased in a toilet near the H market as above on the beer.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with regard to F;

1. A statement on narcotics appraisal;

1. Ratification - Investigative Report (the application of the laws and subordinate statutes to the suspect's hair and the results of appraisal);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Type 3 (referred to in item (b) and (c) of the Act on the Control of Narcotics, Etc.) including the scope of the punishment recommended on the sentencing guidelines under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. and the medication of phiphonephones (the scope of the recommended punishment) and the simple possession thereof;

arrow