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(영문) 대전지방법원 천안지원 2016.09.06 2016고단1108
마약류관리에관한법률위반(향정)등
Text

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

103,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant, on June 6, 2016, administered the Mept Amina medication in the DNAS car parked in the 118 underground parking lots, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant used approximately 0.03g of the Meptamina who was in possession of the Defendant for a disposable injection against the Defendant’s arms.

2. On June 2016, the Defendant used marijuana in a DVS car parked in the 1118 underground parking lots, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City around the end of June, 2016, in a way that the Defendant used marijuana in a way of smoking by putting in tobacco approximately 0.25g of marijuana leaves collected and possessed in advance.

3. At around 13:20 on June 17, 2016, the Defendant: (a) presented a search and seizure warrant issued to the Defendant, in the Defendant’s residence in Yannam-gu, Yandong-gu, 118 Dong-gu, 1601; and (b) assaulted the Defendant by presenting a search and seizure warrant issued to the Defendant, a police officer of the Yannam Police Station E and its affiliated police officers, to conduct search and seizure on the Defendant’s residence, etc.; (c) took the above slopeF’s desire to take a bath; and (d) walking the F’s double.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of narcotics crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement concerning F;

1. Police seizure records;

1. Investigation report (the result of simple reagents, the confirmation of the place where marijuana leaves are collected, and the calculation of additional dues);

1. The application of Acts and subordinate statutes to written requests for appraisal, written reports on narcotics appraisal;

1. Articles 60 (1) 2 and 4 (1) 1, 2 subparagraph 3 (b) (the point of the scopon medication), 61 (1) 6, and 4 (1) 2 (the point of use of marijuana), Article 136 (1) of the Criminal Act, and choice of imprisonment for the punishment of each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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