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(영문) 인천지방법원 2018.05.04 2018고단1326

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Acceptance and administration of Metracules (one philopopon; hereinafter referred to as “philopon”), and medication;

A. On June 18, 2017, at around 05:00, the Defendant d’D’ clubs located in Nam-gu Incheon Metropolitan City, with approximately 0.2 grams of oponon from E in a one-time injection machine, and around 05:30 on the same day, the Defendant d’s 0.1g of oponon from the above party club toilet to a one-time injection machine, and d’s d’thon to the Defendant’s arms.

B. On June 23, 2017, at around 03:00, the Defendant put about approximately 0.1g of philopon into a single-use injection machine, and melted it into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.

2. Receipt or receipt of marijuana, or smoking;

A. On December 17, 2016, the Defendant, at the “I” singing room located in Nam-gu Incheon Metropolitan Government H around 01:30 on December 17, 2016, received from J free of charge the non-fluoral volume of marijuana sealed in the paper.

B. At around 12:00 on June 19, 2017, the Defendant, within the Defendant’s car parked on the street in front of the L cafeteria located in the Jung-gu Incheon Metropolitan City, Jung-gu, for free, 1.92g of marijuana, enclosed to E in the paper.

(c)

On June 23, 2017, at around 03:00, the Defendant inhaled the smoke generated from the burning of hemps into drinking water cans, with fire added, from 505 Gel 505 in Nam-gu Incheon Metropolitan City.

Accordingly, the defendant received and smoked marijuana even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of suspects of E, other than the case;

1. Police seizure records and list of seizure;

1. Reports on internal investigation (related to the attachment of suspect interrogation protocol other than the case) and investigation reports (additional imposition);

1. Written appraisal of each drug;

1. Application of Acts and subordinate statutes to documents confirming water transfer and takeover of appraisal between E and E except for the case;

1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes, and Article 2 subparag. 3 of the same Act.