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(영문) 인천지방법원 2018.04.05 2017고단9202

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

206,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Mept ambacule (hereinafter referred to as the “coponon,” hereinafter), which is a local mental medicine, and smoked marijuana as follows.

1. Violation of the Narcotics Control Act;

A. In April 2017, the Defendant: (a) around 21:00, the Defendant: (b) parked in the Done Starex public parking lot located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (c) smoked marijuana by inserting the ceiling of one cigarette in the Done Star Engine; (d) attaching the hemp to its smoke; and (e) attaching the fire to it.

B. From August 1, 2017 to April 4, 2017, the Defendant smoked from the Done Star F tourist hotel located in Bupyeong-gu Incheon, Bupyeong-gu, in the same manner as described in paragraph (a).

2. Violation of the Narcotics Control Act;

A. On May 11, 2017, at around 08:00, the Defendant received approximately 0.05 goponon, which is contained in a disposable injection machine from H, from H, at the residence of Nam-gu Incheon Metropolitan City, 1204 Dong-dong, 1510, and H, and administered them by means of dilution with water in a disposable injection machine.

B. In June 2017, the Defendant received approximately 0.05 g of philophones, which were contained in H’s disposable injection machine at H’s residence at around 03:00, around June 1, 2017, and administered them in the same manner as described in paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Each investigation report (related to the analysis of monetary details, price of narcotics transaction, and collection of corresponding value);

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the point of receipt of phiphones) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (b) (the point of receipt of phiphones) of the Act on the Management of Narcotics, etc., and selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code, and Article 38.