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(영문) 인천지방법원 2018.06.22 2018고단79
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence referred to in subparagraphs 1 and 2 shall be confiscated.

from the defendant 103.

Reasons

Punishment of the crime

1. From December 27, 2017, around 17:20 to December 27, 2017, the Defendant d (i.e., a single philopopon; hereinafter “philopon”) medication, and the Defendant d (i.e., philopon) inhaled the philopon by inserting a water in a single-use injection machine containing approximately 0.05g of philopon in the Seo-gu Incheon, Seo-gu, Incheon; (ii) melting the Defendant’s arms and inserting a pipe with a gambling paper; and (iii) inhaled the ma by attaching the friopon.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine, and smoked marijuana.

2. On December 27, 2017, between around 18:20 and around 18:54, the Defendant: (a) concealed one for disposable injection machine with 0.12g of oponon inside the Gststren vehicle in the Glstren vehicle operated by the Defendant, and kept two plastic boxes containing approximately a total of 16.42g of marijuana on the auxiliary seat.

Accordingly, even if the Defendant is not a narcotics handler, he possessed philophones and marijuana, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Records of police seizure and list of seizure (list of evidence Nos. 15);

1. A statement on narcotics appraisal and a statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of possession of philophone medication and possession), Article 61 (1) 4 of the Act on the Control of Narcotics, Etc., and Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics Control Act (the point of possession of mariana smoking) concerning criminal facts;

possession), each choice of imprisonment

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 Management of Confiscated Narcotics;

1. Article 67 of the Narcotics Control Act;

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