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(영문) 대전지방법원 2019.11.21 2019고단2382
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. The Defendant, who administered psychotropic drugs, administered mephones by inserting 0.05g gramphones in Sejong-si B from around 19:00 to around 20:00 on August 2017, the Defendant administered mephones by inserting 0.05g of mephones in the office of Grade C 4 D, in a single-use injection machine, and dilution with water to the Defendant’s arms.

2. Smoking marijuana;

A. On December 12, 2018, at around 19:00, the Defendant, at the residence of the Defendant, smoked marijuana in a way of smoking in a pipe made of an Aluminum aluminium, with an influium attached to the toilet located in Seo-gu Daejeon apartment G, Seo-gu, Daejeon.

B. On January 8, 2019, between 20:00 and 21:00, the Defendant smoked an influorous marijuana in the above way in the toilets located in the Defendant’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and H;

1. Each prosecutor's statement concerning E and H;

1. A copy of each police statement made to H;

1. Records of seizure, list of seizure, sites of seizure and photographs of seized articles, and copies of narcotics appraisal;

1. The defendant of the judgment and his defense counsel asserted that the defendant did not administer the phiphones, and therefore, the defendant alleged that the phiphones were not administered. Thus, the defendant's assertion of the defendant and his defense counsel is sufficiently recognized in light of the following circumstances: E and H made a statement to the effect that the defendant had administered the phiphones with the defendant at the time, and that they corresponded to the facts charged in this part, specifically and consistently from the investigative agency to this court; in particular, E are subject to criminal punishment due to the act of injecting the phiphones as in the judgment of the defendant, as in the case of this case.

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