logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.02.10 2016고단3915
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. At around 21:00 on December 2, 2015, the Defendant administered DNA conference in Guro-gu Seoul Metropolitan Government, and administered approximately 0.1g of the Mesofts, a local mental medicine, on the gambling place (hereinafter referred to as “philophones”), and injected them by promptly using the following smoke:

2. On March 2016, at around 20:00, the Defendant administered a penthouse located in Guro-gu Seoul Metropolitan Government, in a manner of injecting approximately 0.1g of philophones on a gambling place, and in a manner of injecting them by promptly using a string of the following smoke:

3. On March 2016, around 20:00, the Defendant sold approximately KRW 1.6g of philopon to F in cash at the roads near the Geumcheon-gu Seoul Metropolitan Government Sinstition distance, and at least KRW 600,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

1. Article 60 (1) 2 and Article 60 (4) 1 and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 1 and 60 (4) 3 (b) of the Act on the Management of Narcotics, etc.,

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

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria [the Sentencing Decision] (1): The scope of the recommended punishment: Narcotics crimes, trade mediation, etc., and Type 2 (b) (2) (3) No person subject to special sentencing: The scope of the recommended punishment: the basic area; 1 year to 2 years [1] (1): the determination of the types of narcotics crimes, simple possession of medication, etc.; 3 types (b) (2) the special sentencing person: (3) the scope of the recommended punishment: the basic area; 10 months to 2 years.

3. Determination of sentence: A person who has committed a crime related to narcotics for eight months in imprisonment or two years in suspended sentence shall be deemed to have a negative effect on individuals, homes, and society as a whole; and

arrow