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(영문) 인천지방법원 2016.08.12 2016고단4065
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2016, the Defendant received and delivered a penphone, which is a local mental medicine, even if the Defendant was not a narcotics handler, by using approximately 0.05 g of a penphone at one’s own house, from the Nam-gu Incheon Metropolitan City B lending around the end of April 2016, and from one’s house, approximately 101 g of a penphone from C without compensation.

2. On April 2016, the Defendant administered philophones around the end of April, 2016, the Defendant injected approximately 0.05g of philophones contained in a single-use injection machine from the Namdong-gu Incheon Metropolitan City D and the second floor as water and injected them into one’s arms and is not a narcotics handler.

3. Around May 3, 2015, the Defendant possessed marijuana for the purpose of smoking by breaking the wild marijuana leaf from F located in the Nam-gu Incheon Metropolitan City E, for the purpose of discovering and smoking it by discovering the wild marijuana, and drying it at his own house, and storing it from May 3, 2016.

4. Around April 2016, the Defendant accepted marijuana, even though he was not a handler of narcotics, etc., as he did not have a tobacco leaves (two pieces of tobacco) dried in the H office located in Nam-gu Incheon Metropolitan City G around the end of April 2016.

5. On May 3, 2016, the Defendant smoked, around 20:00, marijuana leaves built in the pipe pattern from his house bend and smoked once with a fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. Application of the Acts and subordinate statutes on narcotics appraisal, and marijuana photographs;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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