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(영문) 인천지방법원 2017.11.24 2017고합630

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. From November 26, 2015, around 23:46, the Defendant: (a) transferred KRW 500,000 from one bank account (Account Number: E) in the name of the Defendant’s mothered in the Defendant’s residence in Mapo-gu Seoul Mapo-gu Seoul Mapo-gu, to the Agricultural Cooperative account (Account Number: G) in the name of F, a book for the sale of marijuana; (b) around November 28, 2015, the Defendant received the marith amount from the above Defendant’s residence within the transparent boom of the box sent by the said F, and then purchased the math amount in total at KRW 3.5 million from that time until December 6, 2016, including in the list of crimes (i) as indicated in the list of crimes, in total at KRW 7 times.

Accordingly, the Defendant traded marijuana over seven occasions in total.

2. Around November 28, 2015, the Defendant smoked marijuana more than seven times in total, as described in the list of crimes in attached Form 2, in which part of the mariths of marijuana purchased at the above Defendant’s residence was put in the pipe made of Aluminum aluminium, with a fluium attached thereto, and the Defendant smoked once, from that time to December 7, 2016.

Accordingly, the Defendant smoked marijuana more than seven times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (in relation to attachment of the contents of conversation with H / A copy of the suspect examination protocol);

1. Application of the statutes of the response request for appraisal;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 subparag. 7 of the Act on the Management of Narcotics, etc., and Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. (the point of smoking marijuana and the choice of each imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a violation of the Act on the Control of Narcotics, Etc. due to the purchase of marijuana by a person on December 6, 2016, which is the largest punishment];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;