beta
(영문) 창원지방법원 진주지원 2015.02.03 2014고단385

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

Maglue lusium ( approximately KRW 9.55g, No. 1) contained in seized vinyl paper.

Reasons

Punishment of the crime

[Criminal Justice] On November 2, 201, the Defendant was sentenced to two years and six months of imprisonment for the commission of assault and death at the Daegu District Court on November 2, 201, and completed the execution of the sentence on December 22, 2013.

[2014 Highest385] The defendant is not a person handling narcotics.

1. On April 14, 2014, the Defendant purchased approximately 19.40g of psychotropic drugs from psychotropic persons (one philopon; hereinafter referred to as “philopon”) in Gyeongbuk-gu, Daegu-gu, Gyeongbuk-gu, the Defendant purchased approximately 19.40g of psychotropic drugs from vilopon.

2. On April 14, 2014, the Defendant administered approximately 0.04g of philophones purchased as described in the foregoing paragraph (1) in a way of dilution by dilution with aquatic water at his own dwelling in Daegu Northern-gu.

3. On April 14, 2014, at around 21:30, the Defendant possessed approximately 19.36 grams of philophones remaining after being administered as above 2.36 grams in front of the E convenience store located in Daegu Northern-gu D.

[2014 Highest 867]

4. Even if the Defendant is not a narcotics handler, around January 21, 2014, 21:00, administered 0.04g philopon by dilutioning it with clopon 0.04g in his/her dwelling place located in Daegu North-gu, Daegu, Daegu, by means of drinking water.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. An interrogation protocol of the accused by the prosecution (as of May 21, 2014)

1. Each protocol of seizure;

1. Written consent for collecting urines and inspection;

1. Written consent for collecting and appraising the hair;

1. Requests for each appraisal (defensive and seized articles);

1. Answer to a request to send the current status of meetings of convicted prisoners;

1. A report on investigation (calculated additional charges);

1. Records before and after judgments: Criminal records, inquiry reports on prisoners, results of search by prisoners (A), investigation reports (involving death or injury resulting from violence, etc.), investigation reports (at the end of the period of punishment, confirmation of the expiration of the period of punishment and attachment of judgment)

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor, concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Aggravation for concurrent crimes;