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(영문) 인천지방법원 2016.01.15 2015고합653

마약류관리에관한법률위반(대마)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 13, 2015, Defendant A received 200,000 won in cash from F in E Park located in Sinung-si D around 02:50 on September 13, 2015, and as a consideration, Defendant A received 4 expenses for marijuana tobacco containing marijuana in F.

Accordingly, the Defendant traded marijuana.

2. On September 13, 2015, both the Defendants’ co-defendant G (hereinafter “G”) and H dices in the Jsing room located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon on September 13, 2015, which removed the tobacco plant, return to a smoke coming from the end of six marijuana tobacco, which was made by the Defendant Company A’s removal of the tobacco plant, i.e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.s.

Accordingly, the Defendants, in collusion with G and H, smoked marijuana.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Each protocol concerning the examination of the police officers in H and G;

1. Investigation report (related to the fact that he/she attempted to purchase the suspect B narcotics (mariju and X-gu);

1. A response to a request for appraisal and a report on narcotics appraisal (A);

1. Each protocol of seizure;

1. Application of the F currency details (the sending and station transmission) statutes;

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

(a) Defendant A: Articles 59(1)7 and 3 subparag. 9 (the point of trade of marijuana) of the Narcotics Control Act, Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of trade of marijuana and the choice of imprisonment);

(b) Defendant B: Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act, and Article 30 of the Criminal Act (the point of smoking marijuana and the choice of imprisonment)

1. Aggravated concurrent crimes: The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment on the violation of the Narcotics Control Act due to the trade of heavy marijuana)

1. Defendant A who is to be mitigated in amount: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Article 62(1) of the Criminal Act (the following sentencing) of the suspended sentence.