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(영문) 의정부지방법원 2018.12.21 2018고합379

마약류관리에관한법률위반(향정)

Text

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

approximately 1.5g (Evidence No. 3) of seized white powder (Presumption of Handphones).

Reasons

Criminal facts

On August 22, 2016, the medical care and custody applicant (hereinafter “Defendant”) was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Jung-gu District Court on August 22, 2016 and completed the execution of the sentence on January 12, 2017.

The Defendant of 2018 Gohap 379 is not a person dealing with narcotics, and thus is not a person dealing with narcotics, so the Defendant is prohibited from dealing with Metepha (one philopopon; hereinafter referred to as “philopon”).

1. On September 30, 2018, the Defendant administered 0.1g of philophones, which was acquired from an unexponed person who became aware of the Defendant’s residence, around 19:0 on September 30, 2018, at around 19:0 on September 30, 2018, using approximately 0.1g of philophones, which was acquired through search on the preceding Internet, in a method of sending approximately 2g of philophones to call.

2. On November 5, 2018, the Defendant administered approximately 0.1g of phiphones in the residence of the above Defendant at around 18:00 on November 5, 2018.

3. On November 6, 2018, the Defendant holding a penphone around November 6, 2018: (a) around 10:10 on November 6, 2018, he/she stored approximately 1.94g of a penphone in the Defendant’s hand room and carried a penphone.

The Defendant 2018, 2018, the Defendant, who was addicted or addicted to drinking and inhales a native mental medicine, committed a violation of the Act on the Control of Narcotics, Etc., which constitutes imprisonment without prison labor or heavier punishment, needs to receive medical treatment at the treatment and care facilities, and is also likely to recommit a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. A protocol of seizure and a list of seizure;

1. Temporary test (A), report on the results of the preliminary test for narcotics (A), response to a request for appraisal, and report on narcotics appraisal;

1. Previous convictions in the judgment: (A) a response to inquiries such as criminal history, the personal acceptance status, and the judgment [the necessity of treatment in the judgment and the risk of recidivism] are acknowledged as follows by the evidence duly adopted and examined by this court.