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(영문) 대구지방법원 포항지원 2015.01.21 2014고단803

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on May 2, 2013, and completed the execution of the sentence at the net prison on January 24, 2014.

【Criminal Facts】

around 03:50 on August 1, 2014, the Defendant prosecuted the date and time of the crime on August 1, 2014 by specifying the date and time of the crime as 02:00 on August 1, 2014, but the Defendant appears to be 03:50 on evidence, and there is no impediment to the Defendant’s defense even if the Defendant’s correction was made ex officio, so the date and time of the crime are corrected at around 03:50 on August 1, 2014

At the port of port, DMoel 401 in South-gu C was accommodated with E.

1. The Defendant’s sole criminal administration took approximately 0.03g of the psychotropic drug campulpha (copon; hereinafter “copon”), which is narcotics, at the same time and place as above, into a single-use injection machine, and injected them by means of injecting them into the body of arms.

2. The Defendant and E co-principaled with approximately 0.03g of philophonephones in a single-use injection machine at the same time and place as above, and dilutioned with bio-chiping, and then injected into the left part of E.

Accordingly, the Defendant conspired with E to administer philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (related to photographs of the entrance rooms of A and E, No. 401), investigation report (related to photographs of the suspect A and E, 401 heading office 401), investigation report (related to photographs of the suspect A and E, such as the entrance of 401 heading office), investigation report (related to photographs, such as the 401 heading office), and investigation report (additional calculation);

1. A certificate of small riverine and simplified drug inspection, and a test report;

1. Previous convictions in judgment: Criminal records, investigation reports (related to attachment of attached records to the same criminal records), investigation reports (related to confirmation of the date of final release of a suspect A);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (in the case of paragraph (2) of the crime, Article 30 of the Criminal Act shall be added) and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the sake of the relevant Articles of the Act