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(영문) 인천지방법원 2015.07.08 2015고합274

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On December 2014, the Defendant, who committed a crime in the middle of December 2014, 2014, puts the breath of marijuana into the gambling place near the Defendant’s house located in the Dong-gu Incheon Metropolitan City, at around 10:00, near the Defendant’s house in the Dong-gu Incheon Metropolitan City, and dices a smoke by attaching the fluen at the end.

Accordingly, the Defendant smoked marijuana.

2. Around January 31, 2015, the Defendant committed the crime: (a) around 15:00 on January 31, 2015, for the purpose of smoking the hemp seed coats in front of 403 east, the Defendant paid KRW 30,00 in cash to E; and (b) received approximately KRW 400g of seeds in return for the payment of KRW 30,00 in cash.

Accordingly, the Defendant traded hemp seeds.

3. On February 1, 2015, the Defendant, at around 14:00 on February 1, 2015, puts the seed coats of the hemp purchased, as described in paragraph (2), in a gambling place in the Defendant’s vehicle parked near the Defendant’s house as described in paragraph (1), and dys down a smoke coming from the end.

Accordingly, the Defendant smoked the hemp seed coats.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Statement made by the police with respect to F;

1. Seizure records;

1. Responses to the request for appraisal, and additions to the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (specific time for crime);

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3, subparagraph 10 (a) of Article 3, Article 61 (1) 4 of the Narcotics Control Act (the point of smoking marijuana and marijuana seed coats and the hemp plant seeds); Article 61 (1) 4 (c) and subparagraph 10 (c) of Article 3 of the Narcotics Control Act (the point of trade at the beginning of marijuana and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [in the case of concurrent crimes resulting from the violation of the Act on the Control of Narcotics, etc. (referring to the penalty as provided for in paragraph (2) of the same Article with the largest

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).