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(영문) 서울서부지방법원 2019.07.11 2019고단1582
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is not a person handling narcotics, etc.

On October 11, 2018, at around 02:00, the Defendant administered clophones by inserting approximately 0.1g of psychotropic drugs in a single-use injection machine (hereinafter “clophones”) at the location of the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government Branch Office B, and administering clophones in a way of injecting them into a single-use injection machine, and in a way of injecting them.

B. At around 24:00 on October 14, 2018, the Defendant administered approximately 0.1g of philopon at the inside of the above Defendant’s residence in the foregoing manner.

C. At around 02:00 on October 17, 2018, the Defendant administered approximately 0.1g of philopon at the inside of the above Defendant’s residence in the foregoing manner.

2. No person who violates the Act on the Control of Narcotics, etc. shall smoke marijuana;

A. On October 21, 2018, the Defendant, at around 21:00, put the marith (scale of bean) of marijuana in pipes at the inside of the above Defendant’s residence, put the marith (scale of bean) into pipes, attached a smoke, and smoked the marith in a way that makes the smoke smooth.

B. At around October 17, 2018, the Defendant smoked in the above manner, at the inside and outside of the residence of the above Defendant, the size of the marith (e.g., bean) of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of each appraisal result, seizure records, and the current market price of cancer transactions;

1. Application of Acts and subordinate statutes to each investigation report (the self-denunciation of a medication of narcotics, the seizure of pipe for smoking marijuana, and the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc.: Points of smoking marijuana: Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc.;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Management of narcotics, etc. additionally collected;

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