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(영문) 대전지방법원 서산지원 2017.12.27 2017고단909
마약류관리에관한법률위반(향정)등
Text

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

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

1. No person who is not qualified to handle narcotics, etc. in violation of the Narcotics Control Act, shall trade, arrange for the trade, give or receive, possess, possess, possess, or use Mempiles, which are local mental drugs;

On June 5, 2017, the Defendant, even though not qualified to handle narcotics, purchased approximately 50,000 won in cash from the front day of the E Hospital located in Jin-si D at Jin-si, and approximately 0.07g of Mepta-min.

2. No person who violates the Narcotics Control Act shall smoke or take in marijuana or its seed coats;

Nevertheless, on June 15, 2017, the Defendant discovered that three marijuana leaves among the following: G, the third floor “H party room” were being cleaned at the time of the operation of the Defendant, and that three marijuana leaves were tightly covered by I at the bottom of the small wave, and was in possession of it.

After that, the defendant has suffered the same damage.

7. At around 22:00, at the smoking room in the above billiard room, three marijuana leaves possessed under the above circumstances are hacked by hand, and part of the tobacco butts were snicked into the tobacco butts where a smoke is cut, and smoked once by attaching a fire as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect with respect to F;

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

1. Application of telephone details analysis data, response to requests for appraisal, and statutes on monthly trends in narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (which means the trade of mert cancer patients) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (which means the smoking of marijuana) of the Act on the Management of Narcotics, etc., and the selection of imprisonment for each sentence;

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;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. There is a record of being punished for the same kind of crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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