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(영문) 인천지방법원 2020.04.23 2020고단2077

마약류관리에관한법률위반(향정)등

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

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. On January 20, 2020, the Defendant, in the residence in Seo-gu Incheon, Seo-gu, Incheon, administered the spopon’s non-spopon dose by using the other prompt spopon method (hereinafter “the first spopon method”), after making the Defendant pass a physical disease as soon as the postponement occurred by heating the psychotropic drug’s copon (one spopon, one spopon, and two spopon) into a spopon.

B. At around 23:00 on February 7, 2020, the Defendant administered approximately 0.1g of phiphonephones in the same manner as described in paragraph 1(a) at the above residence of C.

C. On February 8, 2020, the Defendant administered approximately 0.1g of phiphonephones in the same manner as the entry in paragraph 1(a) at the above residence of C. D.

On February 2, 2020, the Defendant administered approximately 0.1g of philopon in the E-Wlopon vehicle parked on the front of the Seocho-gu Seoul Metropolitan Government D Building in the same manner as the entry of paragraph 1(a).

2. Around 15:00 on March 3, 2020, the Defendant violated the Act on the Control of Narcotics, etc. (mariana) carried approximately 1.49g of marijuana on the street in front of the said D building in a manner of keeping it in a passport tag.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Records of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. A report on investigation (related to the calculation of an additional collection charge) and the application of statutes on monthly trends of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 61 (1) 6, and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc., and Imprisonment with prison labor for a crime;

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

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

1. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

1. The order of provisional payment;