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(영문) 의정부지방법원 2018.10.25 2018고단2576
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized “marijuana”

3.69g (Evidence No. 1) and marijuana

2.32g (Evidence No. 2) 2.2

Reasons

Punishment of the crime

1. Around November 25, 2017, the Defendant smoked marijuana on one occasion in the manner of smoking in the DSS5 passenger cars parked in the vicinity of the “C” store operated by the Defendant located in Jongno-gu Seoul Metropolitan Government (Seoul).

2. The Defendant is not a person handling narcotics, etc., and thus cannot handle camphographs (one philopon; hereinafter “philopon”).

On November 26, 2017, the Defendant, at around 21:00, injected phiphones into a single-use injection machine at the F Inn's room located in Jongno-gu Seoul Metropolitan Government E, dilution with water, and then injected phiphones into the Defendant's arms blood cells.

3. On December 2, 2017, the Defendant possessed marijuana, for the purpose of smoking, by means of storing approximately 6.01g of marijuana, which was divided into a test color vinyl paper and a cigarette package in the Defendant’s bank, in the head of the G building H of the Ansan-si, Ansan-si, G, Seoul, in a manner of keeping approximately 6.01g of marijuana in the Defendant’s bank.

Summary of Evidence

1. Statement by the defendant in court;

1. The scene of the arrest, and photographs of seized articles;

1. A protocol of seizure and a list of seizure;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 3, Article 61 (1) 4, and Article 3 subparagraph 10 (a) of the Narcotics Control Act, Article 61 (1) 4, and Article 61 (1) 4, and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, etc., and selection of imprisonment, respectively;

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. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (No confiscation shall be sentenced to the portion of the confiscated marijuana 2.32g (Evidence 2) which was disposed of at the investigation stage);

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of punishment recommended according to the sentencing criteria; and

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