logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.17 2017고단3212
마약류관리에관한법률위반(향정)
Text

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (the diaphonephone, hereinafter referred to as the philophone), which is a local mental medicine, as follows:

1. On December 26, 2015, the Defendant purchased approximately KRW 0.2g 10,000 from D in front of C middle school located in Kimhae-si B, Kimhae-si, and purchased KRW 0.2g 1 million from D.

2. Medication of phiphones.

A. On December 26, 2015, at around 01:30, the Defendant administered phiphones in a way that scopon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon c

B. On April 8, 2017, at around 01:00, the Defendant administered philophones in the room of the Escopic Scopic legal room located in Kimhae-si F, and in a way of drinking the philophones in water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the partial change of place of crime and the calculation of additional collection charges);

1. Police seizure records and narcotics appraisal records;

1. Data on replies;

1. Application of Acts and subordinate statutes on mobile phone numbers A to suspects stored in the DNA mobile phone address register;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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. Sentencing criteria;

(a) Class 1 crime (the scope of a recommendation) (the purchase of phiphones) (the scope of a recommendation) and arrange for sale and purchase, and purchase or acceptance for the mere possession, etc. of medication (the imprisonment between August and January 6) mitigated area (the imprisonment between August and January 6);

B. The basic area (one month to two years) of the second crime (the scope of a recommended sentence) (the scope of a recommended sentence), the medication of which is simple possession, etc., is the basic area (one month to two years of imprisonment) (the person who is subject to special sentencing).

arrow