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(영문) 대구지방법원 2016.10.14 2016고단4056

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

The evidence seized shall be confiscated by the accused as provided for in subparagraphs 1 through 5.

Reasons

Punishment of the crime

1. The Defendant is not a handler of narcotics, etc.

At around 00:30 on August 23, 2016, the Defendant kept approximately 3.0174 g of psychotropic drugs received from a person without his/her name in the front parking lot located in Sinsan-si D, and held them in the FK5 car, where he/she was carrying approximately 3.0174 g of psychotropic drugs received from a person without his/her name.

B. At around 00:30 on August 23, 2016, the Defendant injected approximately 0.03g of philopon into an injection machine, dilution, and dilution it into one’s own arms, within 5 singing places of 'H’ located on the first floor of G in Busan-si, and 0.03g of philopon into an injection machine.

2. Any person who violates the Act on the Control of Narcotics, etc. shall not carry marijuana, hemp seeds, or hemp seed coats for the purpose of smoking or taking in.

Nevertheless, around 14:00 on July 2016, the Defendant collected and built approximately 7.089ggg of marijuana, which was born in the area of Sungju Island for the purpose of smoking, and possessed it by keeping it in the same place as the entry in paragraph 1(a) from the date and time to the same place as the entry in paragraph 1(a).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutor's protocol of examination of the accused;

1. Each search report and list of seizure, three photographs of each suspect in both arms at the time of the search and seizure, one photo of each injection machine discovered at the suspect's bar site, one photo of each injection machine discovered at the suspect's bar (Attachment of evidentiary materials), investigation report (as to the confirmation of the suspect's vehicle), investigation report [weight of the articles seized (as to the end of the hemp leaves, well-known marijuana leaves, and white color shots), investigation report [Attachment of the results of the appraisal of the seized articles (as to attachment of the results of the examination by the Daegu City Health and Environment Research Institute), investigation report (as to attachment of the suspect's bar examination report), DNA samples collection report, investigation report (as to the measurement of seizure and the measurement quantity difference between the Health and Environment Research Institute.