logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.07.14 2016고단622
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records, etc.] On December 20, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence at the Heung Prison on May 23, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. On January 18, 2015, the Defendant sells philophonephones at E hotel located in Suwon-gu, Busan around his/her night, and the Mebatop (one philophone; hereinafter referred to as a philophone) which is a local mental medicine.

A disposable injection containing influoric fluor, using a disposable injection device, injected a dluoric dilution into G’s arms, and sold 200,000 won from G as a price for philopon.

2. The Defendant administered philophones in such a way as to diversize the Defendant’s arms by inserting philophones into a single-use injection machine at the time, place, and divers described in paragraph 1.

Summary of Evidence

1. The legal statement of witness F and G;

1. Statement made by the prosecution against the F;

1. Report on internal investigation (Analysis of mobile phone calls), telephone details, text of judgment, trial records, and cellular phone identity inquiries;

1. A copy of a report on investigation (calculated additional charges) and a copy of the relevant portion of the monthly trend of narcotics;

1. Previous convictions in the judgment: References to inquiries, such as the results of search by prisoners, criminal history, etc., investigation reports (verification of the date of release from prison and attachment of the judgment attached thereto), personal identification/criminal status, application of the statutes of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on the Prevention of Criminal Crimes (the sale and medication of a local mental medicine);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. - Crimes 1 [the scope of recommendations] - Trading, referral, etc.

arrow