logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.03.21 2018고단15
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

Defendant is not a narcotics handler.

On September 11, 2017, at around 14:20, the Defendant filed a lawsuit in a way that: (a) approximately 0.06g of Memopa (i) Memopa (i.e., a single Memopon), a local mental medicine, divided into a white paper and a single Memopa (ii) and stored in a single Memopa, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the statutes of the response request for appraisal;

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. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

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

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the said items) of the three types, including medication and simple possession, etc.;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A more favorable circumstance: A more doubtful circumstance is that the criminal records of the same kind of possession in the case of simple possession, which make a statement that he/she is confession and in depth, are not considered to have been subject to narcotics to a considerable extent, such as not being able to properly explain the source of a philopon, when considering the conversation between the accused and the informant, that he/she had been in the same kind of criminal records in 1999 (Violation of the Medical and Pharmaceutical Drugs Control Act, one year and three months):

arrow