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(영문) 인천지방법원 2019.02.15 2018고단8898
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On September 16, 2018, the Defendant: (a) opened marijuana in the vicinity of the Michuhol-gu Incheon, Michuhol-gu, Incheon (hereinafter “C”) around September 16, 2018; and (b) opened marijuana in the vicinity of the Michuhol-gu, Incheon (hereinafter “Seoul”); and (c) opened the marijuana delivered to E in a car parked in the vicinity of the Michuhol-gu Incheon Metropolitan Center around the same day.

Accordingly, the defendant accepted marijuana.

2. On September 22, 2018, at around 14:00, the Defendant received a one-time injection device containing approximately 0.7g of psychotropic drugs from G from H building I, a residence of G located in the Nam-gu Incheon Metropolitan City, the Nam-gu, and received a philopon.

3. At around 15:40 on September 22, 2018, the Defendant administered 0.05g of philophones, which were received at the first floor of the Michuhol-gu Incheon D Shopping Center, by drinking in water.

4. On September 22, 2018, the Defendant: (a) received from G to E in a car parked near the Michuhol-gu Incheon J building; and (b) delivered 0.6 g of philophones, which remain after being administered, free of charge, on September 22, 2018.

5. At around 18:00 on September 22, 2018, the Defendant administered philophones by hanging about 0.05g of the philophones delivered at the toilet near Incheon Metropolitan City, which is located in 657, as the Cheongdong-gu Incheon Metropolitan City, by drinking them in water.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Copy of each protocol of suspect suspect of the police against E;

1. A narcotics appraisal statement (number 7);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional 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. (the receipt, delivery, medication, and delivery of philopon), Article 61 of the Act on the Control of Narcotics, Etc., for criminal facts;

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