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(영문) 대전지방법원 홍성지원 2019.01.22 2018고단894
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Subparagraph 1 and 3 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

【Criminal Power” On December 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Suwon District Court on December 3, 201, and completed the execution of the sentence on June 26, 2016.

【Criminal Facts” Even though the Defendant is not a narcotics handler, he handled the Metepopic (one-name “philopon”, hereinafter “philopon”) of marijuana and psychotropic drugs as follows:

1. Medication of phiphones;

A. At around 18:00 on September 22, 2018, the Defendant: (a) inserted 0.05g of philopon from the Defendant’s house toilets located in Nam-gu Incheon Metropolitan City B apartment C into a disposable injection machine; (b) added it into water; and (c) injected philopon into the Defendant’s bar.

B. On November 20, 2018, the Defendant around 01:00 and around 1:0

at the defendant's office toilets described in paragraph 1-A

In the same manner as described in the port, approximately 0.05g of philophones were administered.

2. The Defendant of marijuana: (a) around 13:00 on November 17, 2018.

In the smoking area located behind B apartment D, 0.5g of marijuana was put in the pipe for smoking marijuana made by the Defendant in the gambling place, with a fire attached, and smoked by a smokeing method.

3. At around 15:40 on November 20, 2018, the Defendant possessed marijuana by inserting approximately 0.2g of marijuana, which the Defendant was in possession, in the way of keeping it in tobacco A, at the F office located in the Chungcheongnam-gun budget group E, by inserting approximately 0.2g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Police seizure records;

1. Written appraisal of narcotics;

1. Cannabis photographs held by the suspect; and

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, correspondence records, personal confinement status, and copies of written judgments;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 61 (1) 4 (a) of the Narcotics Control Act concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc.;

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