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(영문) 인천지방법원 2014.07.04 2014고합289

마약류관리에관한법률위반(향정)등

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

1. No person shall trade, possess, or smoke marijuana-related crimes;

Nevertheless,

A. On October 22, 2013, the Defendant: (a) purchased 300,000 won from D (E) in the Defendant’s BMW car that was parked in the office near the Dongdaemun-gu Seoul Metropolitan Government Office; and (b) purchased approximately 3g of marijuana from D.

B. On November 201, 2013, the Defendant purchased approximately KRW 3g of marijuana from D in the same manner as that set forth in the preceding paragraph in the said BMW car, which was parked in the same place as that set forth in the preceding paragraph, from around 23:00.

C. At around 23:00 on April 15, 2014, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in pipe in the said BMW car that was parked in the Defendant’s house parking lot located in Gangnam-gu Seoul Metropolitan Government F. D.

On April 16, 2014, at around 15:50, the Defendant possessed approximately 4.11g of marijuana in a Handphone rink within the ridge of the Defendant, which was parked in the underground parking lot by the Gangnam-gu Seoul Metropolitan Government G Prize, in a manner that the Defendant kept approximately 4.1g of marijuana in the Handphone rink.

2. The Defendant is not a person handling narcotics. A. The Defendant is not a person handling narcotics.

On November 2011, 2013, the Defendant purchased approximately KRW 500,000 from D’s house located in Dongdaemun-gu Seoul Metropolitan Government H, and purchased approximately 1g psychotropic drugs from D, Metropha (one philoopon; hereinafter referred to as “philoopon”).

B. The Defendant purchased a phiphone as described in the preceding paragraph, and administered it to the office of the pro-friendly job offering J in Seoul Jung-gu, Seoul, with J, by using 0.1g phiphone as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Narcotics, etc. under Article 59 (1) 7 and subparagraph 9 of Article 3 of the Act on the Management of Narcotics, etc., for which relevant criminal facts are applicable, and on the selection of punishment therefor;