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(영문) 인천지방법원 2013.09.04 2013고단4209
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraphs 1 through 7 and 11 shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The point of violation of the Act on the Control of Narcotics, etc.;

A. At around 05:30 on July 8, 2013, the Defendant offered approximately 0.05 g of psychotropic drugs, which are psychotropic drugs, contained in D in a single-use injection machine, to D free of charge, at the residence of Nam-gu Incheon Metropolitan City Ctel 210.

B. Around that time, the Defendant, at the same place, injected approximately 0.05g of philophonephones contained in a single-use injection, with tap water, and injected them into the arms bloodline.

2. The point of violation of the Act on the Control of Narcotics;

A. On July 10, 2013, the Defendant smoked at the Nam-gu Incheon Metropolitan City Ctel parking lot on July 10, 2013, with a fire equivalent to one (0.5g) of the hemp tobacco produced by an influent hemp, collected in the vicinity of the Nam-gu Incheon Metropolitan City E located, on June 2013.

B. At around 18:55 on July 10, 2013, the Defendant, parked in the instant officetel parking lot, carried the Defendant’s franchising tobacco walked in the instant officetel parking lot, with a total of 1.75g g of hemp, such as the 4 cost of hemp tobacco walk and the hemp leaf, which was stored in the instant officetel parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of interrogation of the police as to D and investigation report (Attachment to the protocol of interrogation of the prosecution as to D);

1. Records of seizure and the list of seizure;

1. Ratification (the result, etc. of the prosecution and assessment);

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of philophones and marijuana);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the provision of and medication for a scoponon), Article 61 (1) 4 (a), Article 3 subparagraph 10 (the occupation of smoking in marijuana) of the Narcotics Control Act, Articles 61 (1) 6 and 4 (1) of the Narcotics Control Act, Articles 61 (1) 6 and 4 (1) of the Act on the Control of Narcotics, Etc., the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Subparagraph 8, 9, and 10 of the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. shall be applicable;

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