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(영문) 대구지방법원 2019.06.12 2019고단280
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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. Purchase and medication of phiphones;

A. On August 13, 2018, at around 04:00, the Defendant purchased approximately 0.12gg of psychotropic drugs from C, a psychotropic drug, from a park located in G, G, B, G, and around 00,000 won.

B. On August 13, 2018, at around 04:30, the Defendant put about approximately 0.12g of philopon into a single-use injection machine at the Defendant’s residence located in Gyeongbuk-gun, and administered philopon by dilution with water for four times in total.

2. Smoking and possessing marijuana;

A. At around 18:00 on August 14, 2018, the Defendant smoked marijuana in a way that, after speaking about about 1g of marijuana as a tobacco paper at the Defendant’s residence, the Defendant injected it in a manner that inhales the smoke by attaching it to a racker.

B. On August 15, 2018, around 14:10, the Defendant possessed marijuana for the purpose of smoking by storing approximately 0.09g of marijuana on the face of the Defendant’s residence, at the Defendant’s above residence.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. The police investigation report (the date and time specified for committing the crime);

1. Existing evidence seized and each protocol of seizure referred to in subparagraphs 1 through 3;

1. Photographs: Emergency search and seizure, taking pictures of seized articles;

1. Application of Acts and subordinate statutes to report on prosecution investigation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of "purchase and medication of phiphones" in the holding of the judgment: Each of Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the selection of each imprisonment with prison labor)

B. Article 61(1)4(a) and (b), and Article 3 subparag. 10(a) and (b) of the Act on the Control of Narcotics, Etc. (or each choice of imprisonment with prison labor), respectively, on the grounds that “marijun smoking

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 60-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Narcotics Control Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is marijuana.

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