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(영문) 인천지방법원 2019.10.25 2019고단5784
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant as to items 1 through 10, 15 through 18 of seized evidence.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 13:00 on August 24, 2019, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana tobacco produced in the domicile of the Defendant, which is located in Michuhol-gu Incheon building B and the Defendant’s dwelling.

2. At around 21:00 on August 24, 2019, the Defendant: (a) inserted approximately 0.1g of psychotropic drugs-related psychotropic drugs in a single-use injection machine; (b) injected clock in a single-use injection instrument; and (c) injected clock in a way of injection by the Defendant’s her muck.

3. At around 17:40 on August 25, 2019, the Defendant possessed approximately 29.3g of marijuana and approximately 1.5g of philophones in the same place as described in the foregoing paragraph (1) by inserting them in clothes, cooling, cooling, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each written request for appraisal;

1. All on-site photographs;

1. Application of the Acts and subordinate statutes to investigation reports (related to the price for cancer trading and collection of narcotics);

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 6, and Article 4 (1) 2 of the Act on the Control of Narcotics, etc., Article 61 (1) 2 (the point of carrying marijuana), and Article 4 (1) 2 of the Act on the Control of Narcotics

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., due to the medication of heavy scopphonephones with the largest punishment and the nature of the crime);

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (100,000 won = 100,000 won by the retail price for one-time smoking of marijuana in the form of a penphone in the judgment of 3,00 won); and

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

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