beta
(영문) 대전지방법원 홍성지원 2019.03.13 2018고단675

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

On February 26, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on February 26, 2016, and completed the execution of the sentence in the net prison on February 28, 2017.

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. At around 2015, the Defendant received approximately 15 g of philopon from a person who was killed in the street near the subway station located in Busan Jin-gu, Busan, (hereinafter “D” or “E”), and received a philopon from 15 g of philon.

2. On September 3, 2018, the Defendant administered philophones by means of drinking 0.03g of philophones at the Defendant’s house located in Busan Fluscison on the water at the Defendant’s house located in Busan Fluscison.

3. On September 6, 2018, the Defendant possessed approximately 4.79g Handphones for the purpose of selling them to the winners of name cards (G) in front of the exit No. C Station No. 2, as indicated in paragraph (1), from September 6, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure (Presentation No. 1 of the evidence list), arrest, search and seizure site photographs, and measurement and photograph of the weight of seized articles;

1. Correspondence prepared by the suspect;

1. Recording of currency between the suspect and the informant;

1. A report on investigation (related to confiscation and calculation of a surcharge);

1. An explanatory note and a narcotics appraisal statement;

1. Previous convictions in the judgment: Criminal history records (A), copies of the judgment (Evidence List 18), and personal confinement status [the defendant and his defense counsel had caused criminal intent by the illegal naval investigation conducted by an investigative agency, and the above seizure protocol, etc. is inadmissible as evidence since lawful procedures were not observed in the course of the arrest and seizure of the instant case. However, investigators of the instant case (H and I) hear criminal information from the person (G) who was sold at the time of the crime of possession of the said phiphone and reported it to the police (J).