logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.01.13 2016고단7783
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery, etc. at the Busan District Court on September 27, 2015, and completed the execution of the sentence at the Jinju Prison on September 27, 2015, and on July 18, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on July 18, 2008 and was sentenced to seven times of the same criminal records.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On June 19, 2016, at around 07:00, the Defendant sold approximately 0.46 grams to D, a local mental medicine, at the Defendant’s residence located in Suwon-gu, Busan, Busan, about 300,000 won.

2. On June 19, 2016, at around 07:00, the Defendant injected approximately 0.05g of philopon into water at the above Defendant’s residence, and administered philopon by means of injection with the Defendant’s arms blood transfusion using a single-use injection device.

3. On November 28, 2016, the Defendant administered approximately 0.05 gramphones in the above Defendant’s residence at around 20:00.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Each statement protocol with D;

1. Investigation report (verification of the result of urinal appraisal);

1. Data on the details of each telephone call and data on the sending of each mobile phone;

1. Seizure records;

1. Previous convictions in a report on investigation (additional collection): Inquiry about criminal history, current status of individual confinement, and application of Acts and subordinate statutes to report criminal investigations (verification of repeated crimes);

1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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. A second-class crime for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), including the sale and purchase of, and assistance to, the Act on the Control of Narcotics, Etc. (the scope of punishment).

arrow