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(영문) 인천지방법원 2013.09.11 2013고단4551

마약류관리에관한법률위반(대마)

Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant, in December 2012, posted approximately 0.5g of marijuana in front of the E market located in Seo-gu Incheon, Seo-gu, Incheon, to a tobacco pipe, and smoked with a fire.

2. In January 2013, the Defendant: (a) stopped on the top of the G principalure in the Southern-gu Incheon Metropolitan City F, and smoked by inserting approximately 0.5g of marijuana into the tobacco pipe; and (b) attaching a fire to it.

3. In March 2013, the Defendant: (a) parked on the pertinent passenger car standing in front of the J in the Southern-gu Incheon Southern-gu, Incheon; (b) placed approximately 0.5g of marijuana in a tobacco pipe, and smoked with a fire.

4. On April 20, 2013, the Defendant: (a) parked on the said car stopped on the front of the 112-dong, Southern-gu, Incheon, Incheon, in a tobacco pipe; and (b) smoked by inserting approximately 0.5g of marijuana into the tobacco pipe.

5. Around April 21, 2013, the Defendant: (a) concealed approximately 0.88gg of marijuana at the Defendant’s house located in the Nam-gu Incheon apartment 112 Dong 1204, and continued to hold approximately 562g of marijuana in the said apartment parking lot on the same day by concealing approximately 562g of marijuana in the between the two vehicles located in the said apartment parking lot on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. State and water-related narcotics appraisal report (defensive and seized objects);

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

1. Article 61 (1) 4 (a) and Article 3 subparag. 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 4 (b) and 3 subparag. 10 (the point of carrying marijuana for smoking), Articles 61 (1) 4 (b) and 33 subparag. 10 (the point of carrying marijuana for smoking), and choice of imprisonment for

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Matters concerning the management of narcotics in addition to collection;