logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.05 2018고단233
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 Metropoper who is a local mental medicine (so called 'copon'; hereinafter referred to as 'copon'), as follows:

1. On September 12, 2017, the Defendant administered philophones in a way that puts Cate 605 in Kimhae-si B, and 0.03g of philophones into a philophone, and crophones in a way that philophones can take together with raw water.

2. On September 12, 2017, the Defendant: (a) around 15:45, 201, carried phiphones by dividing them into three for a single-use cel 605; and (b) approximately 0.16 g of phiphones into three for a single-use culon culon. They carried phiphones by inserting them into three for a single-use culon culon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Report on investigation (Confirmation of additional collection charges);

1. Notification of the results of each legal chemical appraisal;

1. Application of the photographic Acts and subordinate statutes;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, various circumstances constituting the conditions for sentencing specified in the instant case, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee (the basic area of the three types, such as medication, simple possession, etc., (b) and (c)): October - 2 years) shall be determined as ordered in consideration of all the following circumstances.

The favorable circumstances: The defendant did not have the same criminal record, the confession and the mistake are divided, and the defendant made a penphone.

arrow