beta
(영문) 수원지방법원 평택지원 2017.01.12 2016고단2719

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 1, 2016, around 19:00, the Defendant administered approximately 0.2g of the Megatop amba (one philopon; hereinafter “philopon”), which is a local mental medicine, with D and E, with approximately 102 Dong 105-dong 105 of the Orcheon-gu Macheon-gu Macheon-gu 102, and administered them in a manner of inhaleing them through a glass pipe with water.

2. On October 4, 2016, the Defendant received from G 1810 the Fteltel 1810 of the Nam-gu Incheon Metropolitan City, and received five grams of the phiphones from H on the same day from H on the 11st day of the same month, and received five grams of the said phiphones from H on the 11st day of the same month, and delivered 2.5 million won in cash to H on the same day.

Accordingly, the defendant assisted the trade of philophones.

3. On October 11, 2016, the Defendant administered approximately 0.2 grams of 0.2 gramphonephones with D and I at the places indicated in the port on October 11, 2016, in the same manner as Paragraph 1.

4. On October 2016, the Defendant administered a 0.2 gramopon with D at the place indicated in the port of port on October 1, 2016, in the same manner as D.

5. On November 27, 2016, the Defendant administered approximately 0.2 grams at the place indicated in the port on November 27, 2016, in the same manner as the paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A narcotics appraisal report, a seizure site, and evidence and photographs;

1. Seizure records;

1. Reporting on investigation (in relation to the analysis of communication confirmation, attaching suspect interrogation records to the examination of the persons concerned);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act of the Provisional Payment Order.