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(영문) 인천지방법원 2018.07.27 2018고단4149
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

One measuring instrument seized (No. 1 and 2) shall be confiscated.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On April 2016, the Defendant received a one-time injection device with approximately 0.05 g from D, which is a local mental medicine, from D, within D’s car parked near the C Hospital located in Heung-si B, Seoul at around 20:0, in the middle of April 2016, and received a one-time injection device with approximately 0.05 g, a local mental medicine.

2. On May 17, 2018, the Defendant administered philopon by inserting the philopon into the drafting of a philopon and a philopon’s philopon (patum for a single medication) located on the floor while moving the philopon from the G heading room of the F building G located in Jin-si, Jin-si, Jin-si, for a single-time use.

3. On May 18, 2018, the Defendant: (a) around 13:50 on May 18, 2018, the Defendant possessed a phiphone by inserting two philophones into the hand room, which contain approximately 0.04g philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Police seizure records;

1. Each investigation report (Attachment to the judgment of a witness D and calculation of additional collection charges);

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Narcotics Control Act due to the most severe medication);

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Violation of the Act on the Control of Narcotics, Etc. by Waterways) / [Determinations] / Trading, arranging, etc., of narcotics / Two types (mariju, b. (c) and c., etc.).

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