logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.09.30 2016고단959
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

Defendant is not a narcotics handler.

1. On February 2013, 2013, the Defendant purchased and sold 300,000 won after receiving a single diver diver flag, which is a local mental medicine, to F, in the vicinity of the E Station located in Gangseo-gu Seoul Metropolitan Government D, with approximately 0.5g a local mental medicine.

2. On February 2, 2016, the Defendant received a single-use injection device from the H’s house located in Gyeyang-gu G at a high altitude of about 17:00, from the said H, about 0.05g philopon from the said H without compensation.

3. At the time, at the place, as described in paragraph 1 above, Defendant 1 injected approximately 0.05g of philophones contained in a disposable injection machine, and administered them in such a way as to injecte the Defendant’s crop dives into the blood cells.

4. At around 17:00 on February 22, 2016, the Defendant received a single-use injection device from the above H’s house at around 17:00, from approximately 0.05g of philopon, and received it.

5. At the time, at the place, as described in the above paragraph 3, Defendant 1 injected approximately 0.05g of philophones contained in a disposable injection machine, and administered them in such a way as to injecte the Defendant’s lusium inculous injection.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A protocol concerning the interrogation of suspect of H;

1. A statement on narcotics appraisal;

1. Investigative reports (calculated additional collection charges) and judgment attached to a criminal investigation report;

1. The details of transactions [the defendant has proved that he denies the fact of sale, but he/she has proved a final conviction on the F purchased money, etc.;

[Application of the statute]

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., concerning facts constituting a crime;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing of Article 48(1)2 and (2) of the Criminal Act, proviso of Article 67 of the Narcotics Control Act.

arrow