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(영문) 대구지방법원 2016.12.23 2016고단5215
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

A penalty of one million won shall be additionally collected from a defendant.

Reasons

Punishment of the crime

[Criminal Power, etc.] On February 7, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court, and completed the execution of the sentence on July 8, 2015.

[2016 Highest 5215] The Defendant is not a narcotics handler.

1. On February 2, 2016, the Defendant issued and sold approximately 0.15g 0,000 won to the D market neighboring the Daegu Dong-gu, Daegu-gu, and 200,000 won from E, and the Metepopic, psychotropic drugs (hereinafter “copic phone”).

2. On October 3, 2016, at around 17:00, the Defendant: (a) parked on the street in the “G Resident Center” located in Daegu-gu, Daegu-gu, and administered HG vehicles owned by the Defendant; (b) injected approximately 0.03g of philophone into a injection machine; (c) injected with a diversous water; and (d) injected into one’s arms directly.

[2016 Highest 5972] Defendant is not a person handling narcotics.

1. On September 2015, 2015, the Defendant: (a) was parked in front of the J Station located in Daegu-gu, Daegu-gu, Daegu-gu, on September 1, 2015, and sold KRW 300,000 in cash from K and approximately 0.7 gramphones.

2. On January 13, 2016, the Defendant: (a) around January 13, 2016, parked in the way ahead of the Ma gas station in Daegu-si L, Daegu-si; (b) up to K 300,000 won in cash; and (c) sold 0.7 gramphones.

[2016 Highest 6085] The defendant is not a person handling narcotics.

On February 7, 2016, the Defendant issued approximately 0.03 grams of psychotropic drugs-related metropon to N free of charge at the front of the D market located in Daegu Dong-gu, Daegu-gu, 2016.

Summary of Evidence

[2016 Height5215]

1. Defendant's legal statement;

1. Statement of each prosecutor's protocol of examination of the accused;

1. Statement in the suspect examination protocol of the prosecution against E (a statement attached to the investigation report No. 18 of the evidence list);

1. To report to the investigation, reply as a result of the minor close appraisal;

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