logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.02.02 2015고단6332
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2015, at around 17:00, the Defendant: (a) taken out approximately 0.03g of the Memphere (one philopon) Mempher (one philopon) who is a local mental medicine from E in the dwelling of the Party E located in Daegu-gu, Daegu-gu, Daegu-gu; and (b) injected it into the Defendant’s left arms after melting it in the water.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Statement made by the police with regard to F;

1. Test results;

1. A report on internal investigation (victim's speech and behavior, etc.);

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

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc., and the important investigation cooperation [the person subject to special mitigation] in the mitigation area (six months to one year and six months] [the decision of sentence] of the mitigated area (the person subject to special mitigation] [the decision of sentence] is high in the nature of the crime, the risk of recidivism is high, the surrounding persons may be presumed to be the course of the narcotics crime, and the defendant is not easy to commit the crime of this case, considering the fact that he again committed the crime of this case even though he had the history of being punished several times for the same crime.

However, the fact that the defendant last 10 years, without any criminal punishment force, has been living in good faith, the defendant supports his wife and her children without any criminal punishment force, has been administered once every time, and is charged with detention by actively cooperating with the investigation into the merchant ship, the defendant's will is being terminated, and his family is also trying to lead the defendant, and the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex and environment, the circumstances and motive leading to the crime of this case, and the conditions before and after the crime of this case.

arrow