logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2020.04.08 2019고단2255
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From around 06:38 on August 30, 2019 to 07:33 on the same day, the Defendant administered phiphones by dilution in a way that, between Busan Shipping Daegu B hotel C, psychotropic drugs (one philopon; hereinafter “philopon”) in a single-use injection device, the Defendant injecteds philopon by dilution with aquatic water and dilution with its right hand, etc.

2. On August 30, 2019, at around 17:00, the Defendant administered phiphones by means of dilution with aquatic water and dilution in a single-use injection machine and injection with right hand, at the places described in paragraph (1).

3. At around 04:00 on August 31, 2019, the Defendant administered phiphones by means of dilution with aquatic water and dilution in a single-use injection machine, at the places described in paragraph (1).

Accordingly, the Defendant administered philophones three times.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. The application of Acts and subordinate statutes governing requests for appraisal;

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., concerning the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Probation under Article 62-2 of the Criminal Act;

1. Article 44-2 of the Medical Treatment and Custody 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 of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Sub-paragraph (Special Number of Punishments) Reductions: Self-denunciation [The area of recommendation and the scope of recommendation] Reductions, six months to one year and six months of imprisonment.

(b) 2nd crime [the violation of the Act on the Control of Narcotics, etc.].

arrow