logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.09.28 2016고단3654
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Even if the Defendant is not a narcotics handler, he dealt with the Metropha (the Mesophopopopopon; hereinafter referred to as “phiopon”) which is a local mental medicine as follows.

1. On December 2, 2015, the Defendant: (a) laid off D’s residence in Guro-gu Seoul Metropolitan Government, with E, a 0.1gopon with E, at a gambling place; and (b) inhaled the said smoke by using the inhaled tool.

Accordingly, the Defendant conspired with E to administer philophones.

2. The Defendant continued to inhale 0.2 grams with the above E and D in the above D’s residence on the same day.

Accordingly, the defendant, in collusion with E and D, administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against E or D;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, 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, etc., Article 30 of the Criminal Act, and the Selection of Imprisonment with prison labor for each of the following categories:

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended sentence based on the guidelines for multiple crimes: From 10 months to 2 years (the basic area for the medication, simple possession, etc. of drugs-related groups) respectively: Imprisonment with prison labor for 10 months: 0 months to 3 years;

2. Narcotics-related crimes are crimes that have to be eradicated as serious crimes that cause the destruction of home and society and cause other crimes, in addition to the offender himself/herself.

However, in light of the fact that the defendant had been administered twice a day only by simple medication, and that the mistake is recognized, and that the defendant's voice reaction of philophones has occurred as a result of the defendant's urine and maternity appraisal, the defendant is habitually not administered philophones.

arrow