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(영문) 부산지방법원 2017.12.08 2017고단3962
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

339.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant was sentenced to one year for a violation of the Narcotics Control Act by this court, and completed the execution of the sentence in the Ganpo Prison on September 7, 2016, and was not a narcotics handler.

On July 24, 2017, at around 22:00, the Defendant injected approximately 0.07 g of Mesofts (one philopopon; hereinafter referred to as "philopon"), a local mental medicine, into a single-use injection machine, and dilution with water, at the residence of the Defendant ( Busan Shipping Daegu C).

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D, E, F, G, and H;

1. Protocol and list of seizure, each photograph and image output, appraisal document, and table of price of narcotics transaction [in this case, the defendant/defense counsel conducted the procedure to confirm whether the defendant voluntarily accompanied the defendant to the urine medication by the urine urology after voluntary accompanying. In the case of voluntary accompanying, the defendant's forced accompanying despite the defendant's indication that he/she would not respond to voluntary accompanying due to the request for warrant presentation constitutes an illegal arrest. It constitutes an illegal arrest of urology without a warrant of seizure after voluntary accompanying.

Since there was no dilution with dilution, the above appraisal can not be used as evidence.

However, the following circumstances, i.e., whether the witness was given a warrant for the first time, under which the evidence was adopted and examined by this court:

(1) After hearing explanations on the investigation process from landscape D, E, etc., after being informed that police may refuse to accompany at any time from the above landscape, following voluntary accompanying consent to the investigative agency and accompanying the investigative agency. It was conducted after having arrived at the investigative agency.

(2) Voluntary accompanying and urology of this case

A letter of voluntary consent of accompanying prepared around the time, and

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