logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.02.05 2019고단2561
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On September 29, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months for the crime of violation of the Narcotics Control Act, etc. at the Changwon District Court on September 29, 2016, and completed the execution of the sentence in the Common Detention Center on September 12, 2017.

【Criminal Facts】

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

1. On July 30, 2019, approximately 0.03 g of the Melopon, a Melopon, a Melopon, a Melopon, a psychotropic drug, is administered in the Melopon room of Changwon-si, Changwon-si, by a method of drinking away from a water surface;

2. At around 12:00 on August 25, 2019, approximately 0.03g of philophonephones were administered in the guest room of Changwon-si, Changwon-si, Changwon-si, by a method of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Photographs of the results of report on internal investigation (the date, time, place, and method of crime, the priority of method), the process of seizure of urinals, the process of simple reagents examination;

1. Each request for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, court rulings, and personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) ( point of license for sopphone medication) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] / 01. Medication Nos. 3 (1) and simple possession, etc. (1 to 3 years of imprisonment) - Criteria for handling multiple crimes: Imprisonment with prison labor for the same criminal records (1 to 4 years and 6 months of imprisonment for the same criminal records): Offenses related to narcotics requires strict countermeasures as crimes causing degradation of individuals, homes, and society as a whole.

The defendant has served eight times as imprisonment for the same crime and one time as a suspended sentence of imprisonment, but he/she has served as a prison term.

arrow