beta
(영문) 서울북부지방법원 2019.11.27 2019고단2370

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Criminal Power] On October 25, 2017, the Defendant sentenced eight months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Chuncheon District Court, which completed the execution of the sentence in the Chuncheon Prison on June 25, 2018.

【Criminal Facts】

No person shall recognize drugs or other goods as narcotics, and transfer, acquire or possess them for the purpose of committing a crime involving narcotics.

1. On October 2018 or early November 11, 2018, the Defendant: (a) recognized a single injection device, the first crime of which is psychotropic drugs, as a psychotropic drug, in the Bupyeong-gu Incheon Bupyeong-gu Birm room; (b) injected the Defendant’s arms with water, and continuously injected it into the Defendant’s arms at the same place, after approximately 10 minutes after being fluored with a single cluoring cluor from C with a single cluorous white cluor; and (c) injected it into the Defendant’s arms after being dluored with water at the same place.

As a result, the Defendant recognized drugs and other goods as narcotics and taken over them.

2. On November 2018, the Defendant: (a) recognized that one of a single divers from C in the guest room at the above “Bel” room around the middle wall of November 2018, 2018, he/she diversed the body of the Defendant with water, and diversed it with water without compensation.

As a result, the Defendant recognized drugs and other goods as narcotics and taken over them.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Details of telephone calls, photographs of mobile phone numbers, and details of telephone calls;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to suspect judgments, etc.);

1. Article 9 (2) of the Special Act on the Prevention of Illegal Trafficking of Narcotics, Etc. and Selection of Punishment for Crimes;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.