logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.05.19 2016고단735
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

50,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

[Criminal history] On March 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Eastern District Court on July 7, 2015 and completed the execution of the sentence on July 7, 2015.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. On March 14, 2016, the Defendant purchased and sold phiphones by receiving approximately KRW 0.7gh from E from the 1st floor toilet of the D convenience store building in Songpa-gu Seoul Metropolitan Government, and in return, selling and buying KRW 500,000 in cash.

2. At around 00:00 on March 15, 2016, the Defendant administered philophones by inserting approximately 0.07g of philophones into a single-use injection machine at the 1st floor toilet of the above D convenience store, and melting by injecting them into the following arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Investigation report (to hear the statement of the relevant forwarding agency related to the upper line E), investigation report (the calculation of additional charges on the person to be accused);

1. Each response to a request for appraisal;

1. Each photograph;

1. Records of the judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports (the confirmation of the date of release);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with 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. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act and Article 334(1) of the Criminal Procedure Act (Additional Collection of 500,000 won, which is the purchase price of a philopon purchased by the defendant)

1. Scope of the recommended sentencing criteria: Imprisonment with prison labor for a period of one year to three years; and

(a) Class 2 (mariju, flavoring (b), c. and c.) in the mitigated area (from August to June 1) - Special mitigation (aggravating) in the trade of philophones:

arrow