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(영문) 수원지방법원 안산지원 2019.01.17 2018고단3906
마약류관리에관한법률위반(향정)등
Text

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

203,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Since the Defendant is not a person handling psychotropic drugs, the Defendant is prohibited from handling the psychotropic drugs-related Mesopha (one philopon; hereinafter referred to as “philopon”).

1. On August 2018, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine and dilution them with water at the Defendant’s residence located in Heungsi apartment B apartment C around the end of August 2018.

2. On October 26, 2018, around October 26, 2018, the Defendant administered phiphones by inserting approximately 0.03 gramopon into a single-use injection machine and dilution it with water at the Defendant’s residence located in Heungi City B apartment C around October 26, 2018.

No person of "2018 Highest 4017" shall smoke or take in marijuana or marijuana seed coats.

Nevertheless, on October 2018, the Defendant smoked marijuana in a way of inserting the pipes made by the stuffing paper in the presence of the Defendant, which was located in the B apartment C, which was located in the middle of Sinung-si, 2018.

Summary of Evidence

"2018 Highest 3906"

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each request for appraisal and each report on narcotics appraisal "2018 Highest 4017";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the point of a scopon medication) and Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (the point of a scopon medication) and the choice of imprisonment with prison labor, respectively;

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

1. The criminal defendant committed the instant crime again even though he/she had been punished several times for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.

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