logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.10.12 2016고단2559
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Cheongju District Court (hereinafter “Cheongju District Court”), and the judgment became final and conclusive on June 11, 2016.

Criminal facts

The defendant is not a person handling narcotics.

1. On March 2016, the Defendant promised to purchase psychotropic drugs from a person who is unable to know his/her name through a program, using the Internet domain called “B” at a place without a guard. The Defendant promised to purchase psychotropic drugs, a psychotropic drug, from a person whose name is unknown.

Then, on March 2016, the Defendant transferred KRW 3,50,000,00 in the name of the penphone to the account designated by the said person using the ATM machine located in the BTM, and received approximately 0.5 g of the penphone, which was contained in vinyl C, by mail in the studio mail in the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as Seoul).

Accordingly, the Defendant traded psychotropic drugs.

2. At around 00:30 on March 16, 2016, the Defendant injected approximately 0.05g of philophonephones into his arms, i.e., single-use injection, after dilutioning the 607 “Eel” located in Socheon-si, Seocheon-si.

Accordingly, the Defendant administered psychotropic drugs.

3. On March 16, 2016, around 15:30 on March 16, 2016, the Defendant, holding psychotropic drugs, kept approximately 0.2g of philophones contained in the disposable injection machine in Seongbuk-gu Seoul, Seongbuk-gu.

Accordingly, the Defendant possessed psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Written appraisal of narcotics;

1. A report on investigation (calculated additional charges);

1. Previous records: Criminal records and application of statutes governing judgment;

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

arrow