beta
(영문) 대구지방법원 2013.10.10 2013고단2719

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1, 2, 4 through 9 shall be confiscated.

from the defendant, 366.4

Reasons

Punishment of the crime

[Criminal Power] On February 10, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul East Eastern District Court on February 10, 201, and was sentenced to three months for the same crime on February 2, 2012, and completed the execution of each of the above punishment at the Daegu Prison on July 17, 2012.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On December 28, 2012, around 22:00, the Defendant received approximately one million cash from D, and purchased approximately 1.5 g of psychotropic drugs, Mepta (hereinafter referred to as “diphilopon”) from D, within a telecomter where the trade name in Yongsan-gu Seoul Metropolitan Government is unknown.

2. On March 22, 2013, around 22:00, the Defendant injected approximately 0.05g of philophones purchased from the toilet located in Namyang-si, Namyang-si, with the same as the preceding paragraph, into a single-use injection machine, and dilution with aquatic dilution, and administered them in a way of injecting into the left part.

3. On March 22, 2013, at around 19:00, the Defendant received KRW 300,000 from H on the roads near G station located in Namyang-si, Namyang-si, and delivered approximately 0.1g of the penphones purchased as prescribed in paragraph 1 and sold them.

4. Around 10:00 on April 2, 2013, the Defendant injected approximately 0.05g of philophonephones purchased as set forth in paragraph (1) of 801, 304, Namyang-si, Namyang-si, in a single-use injection instrument, and injected into the left arms by dilution with aquatic water.

5. On April 3, 2013, at around 17:40, the Defendant: (a) possessed approximately 1.2718 g of phiphones, which were administered or sold in accordance with paragraph 1, among the phiphonephones purchased in front of the restaurant in the Southern-siJ, Namyang-si; and (b) possessed approximately 1.2718g of the remaining phiphonephones.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement H and L;

1. (Tingu District Prosecutors' Office 2013 type No. 19372) The protocol of interrogation of the accused by the prosecution (third time);

1. (No. 2013-Type 37090 of the Daegu District Prosecutors' Office) The protocol of interrogation of the accused by the prosecution (No. 2, No. 37090)

1. Statement of the prosecution concerning L;

1. A copy of each protocol of interrogation of the police against H and L.