logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.11.14 2018고단1059
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 14, 2017, the Defendant received philophones with the amount of 0.71g ophones (here called “copon”; hereinafter referred to as “philophones”) 0.71g from B, in front of the mutual influorial convenience store located in Kimhae-si, Kim Jong-si, Kim Jong-si, and received philophones with the amount of 0.71g ophones without compensation.

2. Medication of phiphones.

A. On October 14, 2017, at around 18:40, the Defendant administered philophones by inserting it into the Defendant’s arms after inserting it into a single-use injection device, 0.03g of philophones, and dilution it into the Defendant’s arms.

B. On October 14, 2017, around 22:00, the Defendant administered phiphones by inserting 0.03g of phiphones into a single-use injection machine and inserting them into the Defendant’s arms.

3. On October 15, 2017, the Defendant: (a) around a day-to-day period, at the hotel hotel D of the Busan Seo-gu, Busan; (b) put 0.41g a phiphone into the guest room; and (c) held a phiphone by keeping one for a single-use injection device containing 0.24g a philophone and one for a single-use injection device dilution into the water (mix 0.2ml of a liquid amount) containing 0.24g of a philophone; and (d) holding a phiphone by keeping one for a single-use injection device dilution in the Defendant’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure, investigation report (site of seizure and appendix photographs of seized articles), investigation report (subject to physical medication), investigation report (subject to examination by small devices), investigation report (subject to examination by small devices), response to requests for appraisal, etc., and statements of narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a surcharge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

arrow