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(영문) 인천지방법원 2019.07.11 2019고단2734

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

1. On April 12, 2019, the Defendant, in contact with the seller of the Mambaco (one psychotropic drug (one - one - one - one - another - one - another - one - one - one gram of two - one gram of one - one gram of one - one gram of one - one gram of one - one gram of one - one gram of one - one - one gram of two - one - one gram of one - one - one gram of one - one - one gram of one - one gram of another - one - another - another -

2. At around 13:00 on April 14, 2019, the Defendant inserted approximately 0.02 gramphonephones from the toilet of the first floor of the building in the vicinity of Seocheon-si, Seocheon-si into a single-use injection machine, dilution with water, and administered phiphones to the right arms of the Defendant.

3. On April 14, 2019, the Defendant attempted to sell approximately 0.44g of philophonephones possessed in front of the ‘Diplomatic Association’ in Bupyeong-si, Seocheon-si, in cash for KRW 400,000 in the way of “scoping” as described in paragraph 1, but failed to carry out an attempted attempt by the police officer who disguisedly arrested the buyer at the scene, even though he/she attempted to sell approximately 0.4gg of philophones in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Each request for appraisal;

1. Photographs of seized articles (cophophones and galthograph9);

1. Application of the Acts and subordinate statutes concerning disguised procurement of suspects and police officers;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (3) and Article 60 (1) 2 of the Narcotics Control Act, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Articles 60 (3) and 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc.

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The defendant under the proviso to Article 67 of the Narcotics Control Act;