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(영문) 인천지방법원 2017.02.10 2017고단33
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received, administered, received, and smoked marijuana as follows, even if he was not able to smoke marijuana. The Defendant received, administered, received, and smoked marijuana.

1. On November 11, 2016, the Defendant received philophones and marijuana in the front report in Jung-gu Incheon Metropolitan City, from a person whose name is unknown (one name, E, south, and about 50 years old) to a philophones and marijuana in the form of a shotphones and a mari tobacco contained in a vinyl paper (one time of medication).

2. Smoking marijuana;

A. On November 12, 2016, the Defendant smoked marijuana in G toilets located in F of the Dong-gu Incheon Metropolitan City around November 17, 2016, in such a way as to cover half of the hemp tobacco received as above.

B. On November 13, 2016, at around 17:00, the Defendant smoked marijuana in the above G Hall by attaching a fire to the remaining marijuana tobacco after smoking, such as the preceding paragraph.

3. On November 14, 2016, the Defendant administered philophones in a manner of breaking the philophones received in a coffee, at around 17:00, the Defendant administered philophones by driving the philophones received in a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a criminal investigation report (the confirmation of the market price of the crypt cryptopy and the hemp plant and the calculation

1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the receipt and receipt of phiphones, the provision of medication, the choice of imprisonment), Article 61 (1) 6, and Article 4 (1) 2 of the Narcotics Control Act (the receipt of marijuana, the selection of imprisonment), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the receipt of marijuana and the selection of punishment), Article 61 (1) 4 (a) and Article 63 of the same Act on the Control of Narcotics, etc.;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Management of narcotics, etc. additionally collected;

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