beta
(영문) 대전지방법원 천안지원 2019.07.11 2019고단904

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 27, 2019, from around 10:00 to around 01:00 on March 28, 2019, the Defendant possessed a 0.1g of the Mesophical phone (hereinafter “Mesophopon”) transferred 0.1g of the Mesophical phone (hereinafter “Mesophopon”) taken from E’s home page, which was taken by the Defendant from around 10:0 to March 28, 2019, to another paper.

2. Medication of phiphones.

A. At around 01:00 on March 28, 2019, the Defendant, at the place described in the foregoing paragraph 1, inserted 0.05gh of phiphone into clophones and dilution with water, administered it by means of dilution with water.

B. On March 29, 2019, the Defendant, at around 23:00, inserted 0.05ghopon into a one-time injection machine, added water into the left part, and dilution it into water, and continued to dively stop at about 30 minutes after locking and administering it again.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect examinations of prosecution E;

1. Statement made by the police with respect to F;

1. Investigation report (Confirmation of the report by the State and the appraisal report-compact, urinals, dices, or pots);

1. A letter of narcotics appraisal (i.e., hair-A);

1. Application of Acts and subordinate statutes on screen pictures and photographs of text messages;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 and subparagraph 3 (b) of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Nos. 1, 2, and 3 (Violation of the Act on the Control of Narcotics, etc. (Determination of Types ] , 01. Medication, simple possession, etc. (Type 3);

Items c) and c.

Sub-spe [Special Convicts] None [the area of recommendation and the scope of recommendation] basic area, 10 to 2 years of imprisonment.