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(영문) 인천지방법원 2018.05.18 2018고합187

마약류관리에관한법률위반(마약)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2017, the Defendant used a mashing drug in the Defendant’s house located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, for the use of a mashing drug containing narcotics, fin, clin and slin ingredients.

2. Possession of narcotics;

A. From the Defendant’s house located in Bupyeong-gu Incheon Metropolitan City, around July 2016, the Defendant possessed them from around that time to June 3, 2017, by inserting them into the 30-40 share of raw materials, which are narcotics manufactured using 30-40 share of raw materials taken from the next house rooftop garden, and in a manner of keeping them in the 30-L plastic box containing sium ingredients.

B. On May 3, 2017, the Defendant: (a) was in possession of the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) in a manner that it stores in a 20L plastic box a pinine, which is a narcotics manufactured using 30 share of the raw materials taken from the next rooftop garden; and (c) a two-earing yeast yeast yeast yeast yeast yeast yeast yeast yeast yeast yeast ye,

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Reference to a request for appraisal, report on investigation (report on the results of minor identification of narcotics, etc.), and interpretation of Acts and subordinate statutes on the results of identification of narcotics;

1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 59 (1) 9 and 4 (1) 1 (the point of possession of narcotics), Article 60 (1) 1 and Article 3 subparagraph 1 (the point of use of narcotics and the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with punishment for a violation of the Act on the Control of Narcotics, etc. Due to Possession of the largest quantity of return-free alcoholic beverages];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The prosecutor of the judgment on whether to collect narcotics shall be deemed to have taken once a week the alcoholic beverages that the defendant made by using the nives of narcotics in connection with the use of narcotics by the defendant, and shall be deemed to have taken once a week.