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(영문) 창원지방법원 2015.01.28 2014고단2093
마약류관리에관한법률위반(향정)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

On January 31, 2013, the Defendant was sentenced to one year and two months as a crime of violation of the Act on the Control of Narcotics, Etc. at Busan District Court on January 31, 2013, and completed the execution of the sentence in an Ansan Prison on November 9, 2013, and the same criminal records are more than 12 times.

On July 30, 2014, around 12:45, the Defendant possessed a disposable injection device containing approximately 0.74 g of approximately 0.74 g of psychotropic drugs in front of the Southern Western Elementary School located in Seo-ro 153, Seo-gu, Busan, Seo-gu, Seo-gu., Busan, which was not a person handling narcotics.

Summary of Evidence

1. Each legal statement of the witness C, D, E, and F;

1. The evidence list Nos. 1 to 4, 9, 14-16, as requested by the prosecutor

1. Previous convictions: Nos. 8, 11-13 of the above evidence list No. 8, 11-13 [the defendant denies the facts of the crime of this case, but the following circumstances acknowledged by the evidence as seen earlier, namely, the defendant was at the school of South Korean People's Republic of Korea, and the defendant was waiting in advance for a taxi at a commitment place, and the police officers belonging to the Gyeongnam Provincial Police Agency, where the defendant was temporarily divingd, searched the defendant while arresting the defendant, and searched the surrounding police officers at the Gyeongnam Provincial Police Agency, where the police officers assigned to the narcotics investigation agency, searched the defendant and searched the surrounding areas, and carried the shotphone (hereinafter referred to as "the instant

According to the facts found, according to CCTV images taken at the scene at the time, a police officer C, who was a police officer, when the defendant waits for F at a promise place, has taken a part outside of the school fence, and at the time, has clearly stated that the defendant was placed on the side of the school fence by taking away an inflammable object from the main machine inside the fence of the school. In light of the facts, it is difficult to view that the instant penphone is sufficiently recognized that the defendant was a philopon possessed by the defendant, and that F is prepared at the promise site, such as the defendant's assertion, in advance.)

1. Criminal facts;

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