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(영문) 인천지방법원 2018.11.29 2018고단6879

마약류관리에관한법률위반(대마)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendants were not the handlers of narcotics, the Defendants treated narcotics as follows:

1. Joint crimes committed by the Defendants

A. The Defendants, on May 2018, 18, 18:20, e.g., on a passenger car parked in the E parking lot located in Seo-gu Incheon, Seo-gu, Incheon., e.g., dynasium (a time for smoking) and dynasium (a time for smoking) and dynasium and dynasium.

Accordingly, the Defendants conspired to smoke marijuana.

B. The Defendants, on June 1, 2018, 21:00 around G located in the Namdong-gu Incheon Metropolitan City, having a cigarette fage (per meal equivalent to the amount of smoking once) at the place of the smoking of the cigarette in a passenger car parked in G located in the Southern-gu, Incheon, Nam-gu. The Defendants dysnish and dye the cigarette after having the cigarette frighted, and dye

Accordingly, the Defendants conspired to smoke marijuana.

2. Defendant A

A. On May 2018, the Defendant received approximately 1.4g g of marijuana from I without compensation in the vicinity of the Michuhol-gu Incheon apartment, Michuhol-gu, Incheon, at around 20:00.

B. On June 4, 2018, around 12:10, the Defendant possessed marijuana for the purpose of smoking by inserting approximately 1g of marijuana, among marijuana received, as described in the above “A”, in the contact head box of the J building in the 3rd floor parking lot of the J building in the Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each seizure report and each narcotics appraisal report;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Each of Articles 61(1)4 (a) and 3 subparag. 10 (a) of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Article 30 of the Criminal Act (the point of smoking marijuana), Article 61(1)4(b) and Article 3 subparag. 10 (b) of the former Narcotics Control Act (the point of carrying marijuana for the purpose of smoking), Articles 61(1)6 and 4(1)2 (the point of receiving marijuana) of the former Narcotics Control Act, and each choice of imprisonment.

B. Defendant B: each of the old narcotics.