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(영문) 춘천지방법원 2019.05.02 2018고단1057
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

Punishment of the crime

【Criminal Power】 On July 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court, and was sentenced to one year and four months of imprisonment and eight months of imprisonment with prison labor for a violation of the Narcotics Control Act.

On January 8, 2018, the execution of punishment has been completed.

【A person other than a person handling narcotics, etc., shall not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide a psychotropic drug merpter (hereinafter referred to as “written clopon”), and the defendant is not a person handling narcotics.

On October 8, 2018, at around 16:00, the Defendant administered philophones by inserting part of approximately 0.3g of philophones at the Defendant’s home toilet located in Michuhol-gu Incheon Metropolitan City B apartment C, and dilution with water, and in a way of injection with the Defendant’s arms to the blood cells.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The legal statement of witness D and E;

1. Records of seizure and the list of seizure, each narcotics appraisal report, investigation report (Attachment to research data during the period during which appraisal of medication is possible), and report on investigation (calculated of the amount additionally collected);

1. A previous conviction in the judgment: Criminal history records, investigation report (the prior conviction of the same type of repeated crime) [the defense counsel of the defendant] : ① arrest warrant issued to the defendant is an illegal warrant issued despite lack of the requirements under the Criminal Procedure Act (the reasonableness of the charge, the arrest warrant requested by the competent court; ② the arrest warrant was not presented in advance at the time the defendant was arrested; ② the arrest warrant was not presented in advance at the time the defendant was arrested; ③ the arrest of the defendant is illegal arrest; ③ the defendant's defense and hair, which the investigative agency secured in voluntary production in the form of illegal arrest, has no admissibility of evidence; ④ the defendant committed a non-detained investigation by the police.

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