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(영문) 인천지방법원 2018.10.26 2018고단5788

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

150,000 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

[criminal history] On June 20, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Narcotics Control Act in the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on April 10, 2014, the same court was sentenced to eight months for a violation of the Act on the Control of Narcotics, etc. (mariana) in the said suspended sentence, and the said judgment became final and conclusive on July 24, 2014, and the said suspended sentence was revoked, and the execution of the said sentence was terminated on July 11, 2016.

[2] On February 14, 2018, Defendant 2018, Defendant 5788, on the street in front of the Michuhol-gu Incheon, Michuhol-gu, Incheon, for the first time around February 14, 2018, 150,000 won in cash, was added to C, where half of the amount of one-time injection from C in front of the Michuhol-gu, Incheon.

Accordingly, even if the defendant is not a narcotics handler, he purchased a penphone, which is a local mental medicine.

Although Defendant 6533 was not a narcotics handler, around July 24, 2018, at around 09:40 on July 24, 2018, Defendant 2 possessed marijuana for the purpose of smoking by inserting approximately 0.11g of marijuana in the building of Michuhol-gu Incheon, his residence, and in the small and small in the subparagraphs E, respectively.

Summary of Evidence

[2018 Highest 5788]

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A copy of the investigation report (a copy of the investigation report (a description of suspect C's suspicion and suspect F's suspicion).

1. Statement by the defendant in court;

1. Seizure records;

1. A statement of narcotics appraisal (before judgment);

1. Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal record as the suspect) statute;

1. Relevant Article 60(1)2, Article 4(1)1, subparagraph 3(b) (the point of purchase of phiphones) of Article 2, Article 61(1)4(b) and Article 3 subparag. 10(b) (the hemp) of the Narcotics Control Act on criminal facts;

possession), each choice of imprisonment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Collection;