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(영문) 인천지방법원 2019.03.07 2019고단618
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence 1, 2, and 6 (excluding the portion of appraisal and consumption) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on January 13, 201, and completed the execution of the above punishment on January 24, 2017.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics, he/she purchased, administered, or possessed a Megatocule (i.e., a single philopon; hereinafter referred to as “philopon”), and smokes and possesses marijuana as follows:

1. On August 8, 2018, the Defendant: (a) 03:00 on August 8, 2018, 2018; (b) 1.30,000 won in cash, the Defendant divers for one-time injection containing approximately 0.7 grams from the old world near the Nam-gu Incheon Metropolitan City B market; and (c) 300,000 won in cash.

2. On January 13, 2019, the Defendant: (a) smoked a phiphone medication and marijuana smoking on January 13, 2019; (b) around 23:00 on January 13, 2019, the Defendant 0.05g philophonephone in the Defendant’s residence in the Bupyeong-gu Incheon Bupyeong-gu D Building E, sent a coffee to the coffee; (c) put about 0.5g gram of marijuana in the pipe made of the bucking door; and (d) applied a smoke with a smoke.

3. On January 14, 2019, at around 09:40 on January 14, 2019, the Defendant possession of phiphones and marijuana, carrying approximately 2.84g of philophones in the Defendant’s hand room located at a small room located in the above Defendant’s residence, carrying one plastic bags with approximately 0.24g of philophones, and carrying approximately 3.26g of hemps in the said handphones and small bags.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Each protocol of seizure, each list of seizure, the site of seizure, and photographs of seized articles;

1. Requests for each appraisal;

1. Report on internal investigation (A's result of analyzing mobile phone calls), investigation report (calculated additionally), and the monthly trend of narcotics (calculated November 2018);

1. Previous records of judgment: Application of criminal records, replys to criminal records, A's judgment (personal records, personal records, etc., Act No. 1355, Dec. 2, 2015) and Acts and subordinate statutes concerning the current status of personal confinement

1. Relevant Article of the Act on the Management of Narcotics, Etc., which is a matter of fact, and Article 15 of the former Act on the Management of Narcotics, Etc., which is the option of punishment.

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