beta
(영문) 의정부지방법원 2015.11.03 2015고단2974

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

A seized paper (No. 1) shall be confiscated.

from the defendant, 250.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 20:00 on July 26, 2015, the Defendant added approximately 0.05 g of DNA 201, which is psychotropic drugs, into two for a single-use injection machine, in two for a single-use injection machine (hereinafter referred to as 'copon'), and added them into two for a single-use injection machine, and then, one of the following is known to E: (a) having been injected into the arms of a female and having been injected into the arms of the Defendant, and the remainder was injected into the arms of the Defendant, thereby using and administering the phone.

2. At around 20:10 on the same day, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in pipes made of stuffed paper and attaching a fire thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of seizure of each police;

1. Responses with respective countries as a result of their appraisal;

1. Investigation report (Attachment of photographs of a blood bank under the part of the E);

1. Application of Acts and subordinate statutes to investigation reports (market reports on narcotics);

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the same Article (in the case of the medication of a scoponon), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the same Act on the Control of Narcotics, etc., and the selection of imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc.: The scope of final sentencing following the addition of the aggravated area (1 to 3 years) of Type 3 (1 to 1) (2) of the Act on the Control of Narcotics, etc. (2) of the Act on the Control of Narcotics, Etc. (1 to 2) of the Act on the Control of Narcotics, Etc. [10 to 2) of the Act on the Control of Narcotics, etc.: 1 to 4 years (2) of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. of Specific Crimes of Type 2 of the Act on the Aggravated Punishment, etc. of Narcotics, etc. (1 to 3 years), medication, simple possession, etc.