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(영문) 창원지방법원 밀양지원 2020.05.14 2019고단523
마약류관리에관한법률위반(향정)등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On November 15, 2018, the Defendant: (a) administered philophones; and (b) smoked marijuana around 22:00 on November 15, 2018, by inserting water into a single-use injection machine containing approximately 0.04 g of Melopon (hereinafter referred to as “philopon”); (c) injected the philopon into the Defendant’s right arms; (d) injected the balopon into the pipe in which the dried balopon was stuffed; and (e) injected the balopon with a smoke attached thereto.

2. On November 16, 2018, the Defendant, holding philophones and marijuana, carried respectively, a philophones and marijuana, by inserting approximately 0.07g of philophones, 0.39g of string in a single-use injection device purchased from an influencer’s name, and approximately 0.06g of dried hemp leaves in a pipe, 0.06g of rophones and marijuana in a pipe, respectively.

3. On March 2019, the Defendant smoked marijuana smoking in a way that smokes by inserting the following fire, putting approximately 0.12g of the dried hemp leaves into a tobacco pen at his/her residence located in F in the middle of the 2019 when he/she was pushed, and attaching it to the smoke:

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, a written appraisal of narcotics, a summary response test results, a report on an investigation (the telephone conversations between a flood station and a health researcher, Kim Jong-hwan), a report on an investigation (Disposition of seized articles and calculation of a surcharge), and a monthly trend of narcotics;

1. Application of each protocol of seizure, each list of seized articles, and the Acts and subordinate statutes governing photographing seized articles;

1. Cannabis under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the possession and medication of a scopon), Articles 61(1)4(a), 3 subparag. 10(a) of the Narcotics Control Act (the occupation of a smoking in marijuana), Articles 61(1)6 and 4(1)2 of the Narcotics Control Act concerning criminal facts;

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