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(영문) 인천지방법원 2019.10.18 2019고단5205

마약류관리에관한법률위반(대마)

Text

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

Seized evidence subparagraph 1 (excluding the portion of appraisal) shall be confiscated.

Reasons

Punishment of the crime

On July 6, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (fence), etc. at the Incheon District Court on July 6, 2018 and completed the execution of the sentence at the Incheon Detention Center on June 23, 2019.

The defendant is not a person handling narcotics.

1. On August 1, 2019, around 21:30 on August 1, 2019, the Defendant: (a) discovered a letter plastic bag containing the fluoric quantity of the hemp that was hidden before the Defendant’s son’s residence in Michuhol-gu Incheon, with intent to smoke; (b) removed the tobacco plant from the dwelling space in the above dwelling space; and (c) smoked by inserting approximately 0.5g of the hemp in the above dwelling space, and then inhaleing the smoke.

2. On August 2, 2019, around 16:03, the Defendant: (a) stored approximately 17.13g of the known hemp container in two certified plastic containers, in the “E House” F, which is the Defendant’s residence in Nam-gu D; and (b) stored approximately 17.13g of the discovered hemp container.

Summary of Evidence

1. Defendant's legal statement;

1. Cannabis photographs which are seized objects;

1. Each protocol of seizure and each list of seizure;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of a inquiry report including criminal records, an investigation report (verification of the expiration of the term of imprisonment for a suspect), and the Acts and subordinate statutes of the fisheries investigation;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 (the point of carrying marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) 1 and 2 crimes (the determination of types of narcotics (the act of violation of the Act on the Control of Narcotics) / [the act of violation of the Act on the Control of Narcotics (the act of violation of the Act on the Control of Narcotics)]. Medication, simple possession, etc. [the 2