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(영문) 대전지방법원 홍성지원 2018.02.05 2018고단1
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 1, 3, and 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, and shall not commit an act of smoking marijuana or its seed coats, and no person shall commit an act of carrying marijuana or its seed coats for the purpose of smoking it.

1. Violation of the Narcotics Control Act;

A. On December 17, 2017, the Defendant, at around 23:00, administered 104-dong C Apartment 1502, using approximately 0.03 g (one philopon; hereinafter “philopon”) in a single-use injection machine, which is a local mental medicine, in the Defendant’s dwelling at 104-dong 1502-dong 1502, and in a way of injection with water.

B. The Defendant administered approximately 0.03g of philophones in the same place at around 23:30 on the same day.

(c)

On the 18th day of the same month, the Defendant administered approximately 0.03g of philophones in the same manner at the same place as around 00:00.

2. Violation of the Narcotics Control Act;

A. On November 201, 2017, the Defendant: (a) discovered and taken marijuana that were born in the vicinity of the Einsan city, Jindo; (b) then, around December 18, 2017, the Defendant smokeed in a pipe made of the fluencies among the said marijuana at the above residence by inserting it into the pipe made of the fluencies; and (c) attach a fire to the smoke.

B. Around 13:40 on December 20, 2017, the Defendant, who was in possession of marijuana, was placed in a doer for the purpose of smoking the remaining 0.54g of marijuana remaining after smoking at the underground parking lot in the above residential area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol of seizure, reply to request for each appraisal, search protocol, investigation report (Evidence Nos. 22,24, 26, and 41), photographs, such as the scene of arrest, photographs, photographs of seized objects, pictures, and records of seizure on October 2017, including monthly trends of narcotics, drilling, etc., narcotic appraisal records, and gene appraisal records;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense;

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