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(영문) 인천지방법원 부천지원 2018.10.19 2018고단2320
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 24, 2018, at around 22:30, the Defendant administered phiphones by inserting the Metetopop (one penphone, hereinafter referred to as “philoopopon”) volume of the Metetopoper, which is a local mental medicine, into plastic disease, and inserting it into plastic disease, and inhales the smoke of using me as soon as possible, at the guest room.

2. On August 25, 2018, the Defendant administered phiphonephones in the guest room “Felto E” in Bupyeong-si, Seocheon-si. In the same manner as described in paragraph (1) above.

3. On August 25, 2018, the Defendant administered phiphonephones at the guest room in Hacheon-si G at night in the same manner as described in paragraph (1) above.

4. On August 26, 2018, the Defendant: (a) up to 304 “H telecom” located in Seocheon-si G on August 26, 2018; (b) up to 304 “H telecom”, the Defendant placed a philophone 0.07gh in one’s front cover, which was sealed as vinyl, and carried a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols of seizure and list of seizure and their photograph;

1. A statement on narcotics, a statement on narcotics appraisal, and a reply to a request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (the discovery, verification, etc. of a substance in the body of narcotics), investigation report (the verification of a method of inhaleing a suspect's penphone), investigation report (the investigation of the suspect's criminal records), investigation report (the investigation of the suspect's criminal records), photographic data (Del CCTV, CCTV for crime prevention), investigation report (the calculation of a surcharge);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts (the points of administration of phiphonephones and possession of phiphones) and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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