마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
10,000 won shall be additionally collected from the defendant.
Of the facts charged in the instant case, February 2012
Criminal facts
On November 24, 2010, the Defendant sentenced 1 year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Goyang Branch of the Goyang District Court on November 24, 201, and completed the execution of the sentence in the Ansan Prison on June 1, 201.
Even if the Defendant was not a narcotics handler, the Defendant administered a psychotropic drug medication once between the Plaintiff and the Plaintiff from October 19, 2012 to the 28th day of the same month in Seoul Special Metropolitan City, in a non-discipating manner.
Summary of Evidence
1. A table for a request for appraisal ( November 2, 2012);
1. Report on each investigation (reports related to water dilution on the side of a suspect, the period during which it is possible to appraise whether the relevant Mespam is administered or not, reports on the confirmation of whether water is dilution or not on the side of a suspect, and reports related to the calculation of
1. Previous records: Criminal records and suspect interrogation records of the defendant by the prosecution (one time) shall be applied;
1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. The portion not guilty under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;
1. Around February 18, 2012, the Defendant administered approximately 0.05g of the 2nd floor gambling place of the building in the vicinity of the D Post Office located in Yongsan-gu Seoul Metropolitan Government, and approximately 0.05g of the philophone per phiphone in an irregular manner, even though he is not a narcotics handler.
2. Determination
A. The Defendant denies the facts charged that there is no room for the Defendant to consistently administer philophones from an investigative agency to this court.
B. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant.