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Reasons
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(영문) 대구지방법원 2013.04.05 2012고단5304 (1)
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for a term of one year and two months.

50,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On April 26, 2011, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the branch court of Suwon District Court on April 26, 201, and completed the execution of the sentence at the Suwon Detention Center on September 28, 201.

[2012 Highest 5304]

1. On August 25, 2012, the Defendant, around 18:00, parked in the vicinity of the F Elementary School located in Daegu Southern-gu, Daegu-gu, and around that time, injected approximately 0.05g of philophonephones received from G in front of the said F Elementary School at the same time by inserting them into a single-use injection machine and dilution them with water.

[2013 Highest 608]

2. The Defendant is not a handler of narcotics.

On May 29, 2012, the Defendant received approximately 0.06g of psychotropic drugs from I, at the I’s house located in Gumi-si H, and received from I, approximately 0.06g of psychotropic drugs.

B. The Defendant above A.

A. at the KMoel fel's shelter located in the Sinsi-siJ at the time of port:

As stated in paragraph (1), 0.06g of philophones received 0.06g as a single-use divers, dilutiond with water, and administered philophones in such a way as to inject the left part.

C. Around June 10, 2012, the Defendant received approximately 0.06 g of philopon from I, in a Maurineless care room in the Gu and America L, without compensation. D.

The defendant is above C.

At the time of port-to-port port-to-port-to-port-to-port J:

As stated in paragraph (1), 0.06g of philophones received 0.06g as a single-use divers, dilutiond with water, and administered philophones in such a way as to inject the left part.

Summary of Evidence

[2012 Highest 5304]

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the suspect of G by the prosecution;

1. Test report (2013 highest 608);

1. Statement of the accused in the fourth protocol of trial;

1. Second written examination of the accused by the prosecution;

1. Statement to the prosecution of I;

1. Written reply to a request for appraisal (pre-trial record);

1. Inquiry reports on criminal records, etc., confirmation of the date of release from the investigation report, and written rulings; and

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