beta
(영문) 대전지방법원 천안지원 2016.11.16 2016고합176

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is not a foreigner, a person handling narcotics, etc. of Uzbekistan nationality.

Any person other than a person handling narcotics shall be prohibited from possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, arranging the trade of, or providing narcotics or psychotropic drugs.

1. On March 2016, the Defendant administered a Switzerland “Spha” medication in a manner that, on March 2016, the first 2016, around 20:00, the Defendant added the word “spha” in the studio that is located near D convenience stores located in Asan-si, Asan-si, into the psychotropic drugs, “brobbric oil (JWH-018) and its similar body” designated as the psychotropic drugs, to smoke in the studio.

2. On March 2016, the Defendant administered a Switzerland “Sphice” medication by inserting the string near F in the Gangnam-gu, Dongnam-gu, Yandong-gu, Yandong-gu, for the purpose of smoking by inserting the spice in tobacco.

3. Around September 5, 2016, the Defendant possessed approximately 1.14g of “Sphas” at the Defendant’s residence located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu around September 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police suspect interrogation records of the accused;

1. Records of seizure, list of seizure, sites of seizure and photographs of seized articles (number 5 to 7);

1. A narcotics appraisal report and an appraisal report;

1. Each report on investigation;

1. Photographs related to seized articles;

1. The response of digital evidence analysis results, cell phone sirens results;

1. Extraction of text restoration data (No. 22);

1. Application of this Act to the extraction of data on the restoration of photographs;

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Of concurrent crimes, the crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the most serious facts of crimes are stated among concurrent crimes;