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(영문) 인천지방법원 2019.08.30 2019고단4658

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment with prison labor 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

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. On June 12, 2019, the Defendant: (a) inserted approximately 0.03g of mert cams (one philopon; hereinafter “philopon”) in the Defendant’s residence located in building B of the Nam-gu Incheon Metropolitan City, into a single-use injection instrument; and (b) injected philopon in a way of injecting it into the Defendant’s left blood line.

B. On June 2019, the Defendant injected approximately 0.03g of philophones into a single-use injection machine within the Defendant’s residence located in the Nam-gu Incheon Metropolitan City building B, and dilution with water, and administered philophones by means of injecting them into the Defendant’s left arms bloodline.

2. Violation of the Act on the Control of Narcotics, etc.;

A. On February 16, 2019, around 22:00, the Defendant received marijuana from F in the street near the oil station in Michuhol-gu Incheon in Michuhol-gu, Incheon, in a manner of free drying about 8g of marijuana.

B. On June 1, 2019, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in the Defendant’s residence located in the building No. B of the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, by putting about 0.5g of marijuana on a paper-ro-ro to inhale the smoke.

C. On July 4, 2019, at around 13:42, the Defendant kept marijuana by concealing approximately 0.12 g of marijuana, which was 0.12 g in the dwelling space, TV spacks of the Defendant’s dwelling space in the Southern-gu Incheon Metropolitan City B building C.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the third protocol of suspect examination concerning G;

1. The police statement concerning F;

1. Written request for the appraisal of narcotics, etc. (used injection - philophones training, presumed hemp plant-marijus training), and the table table for the appraisal of narcotics, etc.: Provided, That the above evidence has been verified by the training of merspiles and ambamins, and ambamins in the urine of the defendant;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A copy of the indictment against G, and a copy of the indictment against F;

1. Acceptance and medication of philophones by a suspect in the investigation report;