beta
(영문) 대전지방법원 홍성지원 2017.05.10 2017고단6

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On April 3, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Cheongju District Court on April 3, 2015, and completed the execution of the sentence at the Mana Prison on June 15, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On September 2016, the Defendant was parked in the E hotel parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, 10:00 on the date of the mid-term order.

F. In F. K5 L. H., M. M. M. M. M. C. M. M. M. M. H. H. H., M. M. M. C. H., M. M. M. L. L. L. L. L. L. H. H. H., M. L. L. L. L. L. L. H.

2. The Defendant, at the time and place set forth in paragraph 1, inserted philophones into a single-use injection machine, dilution with bio-dives, and administered them in such a way as to inject them into the arms.

3. The Defendant, from around December 2, 2016 to around December 12, 2016, administered a fluoral phone in a non-fluorous manner at the Chungcheongnam-nam red, budget, and Daejeon Daejeon.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement of the police statement related to G;

1. Investigation report (Evidence Nos. 3, 7, 9, 12, 21, and 26 of the evidence list), report on the results of preliminary tests on narcotics, response to requests for appraisal, training of each individual's response to requests for appraisal, training of each individual's response to request for appraisal, each judgment, request for appraisal, reply to requests for appraisal, narcotics, monthly trend of narcotics, cell phone calls of the suspect, details of cell phone calls of the suspect, contents of the cell phone text analysis of the accused, details of G telephone calls of the informant, and the period of appraisal

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Evidence List Nos. 23), application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The Act on the Management of Narcotics, etc. for Additional Collection;