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(영문) 창원지방법원 2015.05.28 2015고단591
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On September 14, 2012, the Defendant was sentenced to one year and eight months in Busan District Court for violation of the narcotics control rate, etc., and completed the execution of the sentence on December 9, 2013.

The defendant is not a person handling narcotics.

1. Around 08:00 on March 16, 2015, the Defendant, at the Defendant’s house located in Changwon-si Mucompo-si C, put approximately 0.03g of mecopon into a single-use injection machine, and injected them into the left mecopon.

2. At around 11:10 on March 16, 2015, the Defendant kept a disposable injection device containing approximately 0.22 g of philopon under the foregoing Defendant’s house, and possessed it.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. Each photograph;

1. Each request for appraisal, each report on appraisal, and each report on appraisal;

1. The defendant and his defense counsel acknowledged the fact that the defendant committed the crime of this case under the charge of this case. However, the defendant and his defense counsel asserted that the arrest warrant, which forms the basis for the arrest and investigation of the defendant, was based on the arrest warrant issued by a false accusation, is unlawful. As such, the evidence collected based on illegal arrest is also illegal, and thus, the facts charged of this case should not be found guilty.

According to the records, on February 13, 2015, the investigative agency issued a warrant of arrest to the defendant on the ground that "the issuance and medication of phiphones, which were on January 13, 2015, to a policeman," and issued a warrant of arrest to the defendant by the court on March 16, 2015, and thereafter arrested the defendant under the above warrant of arrest on March 16, 2015. After the investigation into the defendant, the investigative agency issued a warrant of detention to the defendant by the court on March 18, 2015 on the ground that "the delivery and medication of phiphones, which were on January 2015, 205, to a policeman" and the facts charged in the instant case were criminal facts. The defendant recognized only the facts charged in the instant case

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