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(영문) 인천지방법원 2019.02.28 2019고단222
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a narcotics handler, he handled the psychotropic drugs-related Mepters (i.e., one philopon; hereinafter referred to as “philopon”) and marijuana as follows:

1. On September 2018, the Defendant inserted approximately 0.04 g of philopon in D toilets located in the “C Center” in the Dong-gu Incheon Metropolitan City, Incheon, into a single-use injection machine, and administered philopon by means of dilution with water and injection with arms.

2. On September 8, 2018, at around 10:57, the Defendant possessed philophones and marijuana respectively by inserting, in his/her own paper, a disposable divers, containing approximately 0.1 maropon, which is dilutiond with water, and a plastic bag containing approximately 0.3 maropon, in which he/she stored in his/her own paper bags.

3. On December 2018, 2018, the Defendant administered chophones by inserting approximately 0.04 g of chophones into D toilets located in the “C Center” and chophones into a single-use chophones, dilution with water, and injection with arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and each list of seizure;

1. Written appraisal of narcotics;

1. 12 reported case handling table, respectively;

1. Report on investigation (report on the calculation of additional collection charges);

1. Application of the Acts and subordinate statutes to capture each photograph and CCTV image data;

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Article 60(1)2, and Article 4(1)1, and Article 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Sep. 13, 2018; hereinafter the same shall apply) concerning criminal facts; Articles 61(1)6 and 4(1)2 of the former Act on the Control of Narcotics, etc.; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the same Act (amended by Act No. 15481, Dec. 3, 2018)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (referring to the violation of the Act on the Control of Narcotics, etc. (fence) due to the possession of phiphones) and the violation of the Act on the Control of Narcotics, etc. (booming and punishment between

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