logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.11.20 2018고단1557
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On August 4, 2017, the Defendant: (a) delivered KRW 250,00 in cash upon request from D to request to provide part-time campers (one philopon; hereinafter “philopon”); (b) around 02:30 on the same day, the Defendant purchased part-time copon from D that purchased part-time copon from the above public parking lot containing approximately 0.35 grams at around 02:30 grams; and (c) received the said part-phone from D that purchased part-time copon.

Accordingly, the defendant purchased philopon from E with D's arrangement.

2. On August 4, 2017, the Defendant provided approximately 0.07g gramphones purchased from the mutual insular telephones located in Busan Northern-gu F as described in paragraph 1, and provided them free of charge to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of the details of each currency, the statutes governing the location data of D address base stations;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., 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 with prison labor for 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. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

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

(a) Class 1 and 2 (the purchase of philopon, the purchase of philopon, the intermediation of the trade, etc.). Basic area (one year to two years) (the number of persons who are subject to special sentencing) (the number of persons who are subject to special sentencing)

(b) The scope of final sentence due to the aggravation of multiple offenses: one year to three years; and

2. A crime involving narcotics, etc. on which a sentence is imposed, is not very good in light of addiction and the personal and social harm thereby, it is not easy to detect the crime in light of the characteristics of the crime, and the risk of recidivism is high, and it may cause serious harm and harm to national health. Therefore, there is a high need for punishment.

arrow