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(영문) 인천지방법원 2018.04.13 2018고단1447
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

103,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. Around February 21, 2018, the Defendant: (a) laid off the marithic fluor C, Nam-gu, Incheon; (b) from the toilet No. 6 101, Nam-gu, Incheon; (c) laid off the marithic fluor on the newspaper site; (d) laid down the marithic fluor; and (e) laid down the marithic fluoric fluor (hereinafter “fluoropon”), which is a local mental medicine; and (e) injectedd the marithic fluor (fluoric fluoral fluor equivalent) into a single injection; and (e) injected it with water; and (e) injected it into a arms fluor.

Accordingly, the Defendant smoked marijuana and administered philophones.

2. On February 21, 2018, at around 17:56, the Defendant carried marijuana in a way that he puts about approximately 1.43g of marijuana into a newspaper for the purpose of smoking at a D office of the Incheon Southern-dong Police Station D located in 668, Nam-gu, Incheon, Nam-dong, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A investigative report (related to the price for cancer transactions and collection of narcotics);

1. A written appraisal of each drug;

1. Application of the Acts and subordinate statutes to the photograph of seized articles and photograph of dyphos summary examination;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of the smoking in marijuana) of the Act on the Management of Narcotics, etc., Article 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) (the point of the smoking in marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) and (a), Article 3 subparagraph 10 (b) and (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 4-2 and (1) 4 (b) of the Act on the Control of Narcotics, etc., and Article 61 (1) 10 (b) of the

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Act on the Control of Narcotics, Etc., of which punishment is the largest);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) offences 1, 2;

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