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(영문) 대구지방법원 경주지원 2019.03.21 2018고단284
마약류관리에관한법률위반(향정)
Text

[Defendant A] Defendant A is not guilty (Defendant B). Defendant B is punished by imprisonment for six months.

except that this judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

No person other than a person handling narcotics shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, give or receive, trade, arrange for trade of, or provide psychotropic drugs.

1. From the beginning of February 2016 to December 6, 2016, the Defendant kept 0.07 gramphones, which are psychotropic drugs, at the cargo vehicles managed by the Defendant, the MF5 car in the Defendant’s management, and the Defendant’s residence in the racing-si.

Accordingly, the Defendant possessed psychotropic drugs, a psychotropic drug.

2. From April 2016 to December 7, 2016, the Defendant maintained 0.649g of psychotropic drugs, the psychotropic drugs, at the Defendant’s residence, from May 29, 2016 to December 7, 2016. The Defendant kept 0.74g of psychotropic drugs, from May 29, 2016 to December 7, 2016.

Accordingly, the Defendant possessed psychotropic drugs, a psychotropic drug.

3. On February 3, 2017, the Defendant kept psychotropic drugs at the strokem 2.5 (m) around the Defendant’s residence.

Accordingly, the Defendant possessed a psychotropic drug strokem.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution concerning D;

1. Each protocol of seizure and the list of seizure;

1. Each test report;

1. Written appraisal of narcotics;

1. Application of the Acts and subordinate statutes of a summary appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Selection of Punishment for Criminal Facts; Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics.

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