logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.03.30 2016고합451
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A suspect is not a person who handles narcotics as a foreigner of the U.S. nationality, but shall not sell, sell or administer ccars who are narcotics.

1. On June 18, 2016, at around 00:00, the Defendant purchased and sold Cocars from E (Gain) at the street near D hotel located in Yongsan-gu Seoul Metropolitan Government, and 400,000 won in cash.

2. On June 2016, the Defendant administered cocar medication once in a manner of inhaleing cocars purchased in the same manner as the preceding paragraph at the Defendant’s residence in Yongsan-gu Seoul, Yongsan-gu, Seoul, on a temporary and irregular basis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to seizure records and expert records on narcotics;

1. Article 58 (1) 1, Article 4 (1) 1, subparagraph 2 (d) of Article 2, Article 60 (1) 1, Article 3 subparagraph 1, Article 2 subparagraph 2 (1) 1, and Article 60 (2) 1, Article 2 subparagraph 2 (d) of the Narcotics Control Act concerning the facts constituting an offense; and Article 60 (1) 1, Article 3 subparagraph 1, Article 2 subparagraph 1, and Article 2 subparagraph 2 (d) of the Act on the Selection of Narcotics, Etc. and Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Two years and six months to twenty years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing criteria;

(a) Basic crime: Crimes of violation of the Act on the Control of Narcotics, Etc. (Narcotic Determination) due to the Corkin Trading / [The types of narcotics] Class 3 (Narcotic, A. Ga., etc.) (Special Sentencing : Purchase or acceptance for medication, simple possession, etc. (the scope of recommending punishment) mitigated area / [the scope of recommending punishment] mitigated area from 2 years and 6 months to 5 years;

(b) Concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. due to the medication of cocars;

arrow