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(영문) 인천지방법원 2016.04.29 2016고단1449

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Smoking marijuana;

A. On March 2015, the Defendant, at the Defendant’s house located in Nam-gu Incheon Metropolitan City B 103, smoked once by inserting approximately 0.5g of marijuana in pipes and attaching a fire.

B. From March 2015, the Defendant smoked marijuana over approximately three to four occasions at the home of the above Defendant from March 2015 to the lower patrolmen of the same month.

(c)

On June 2015, the Defendant smoked marijuana in the above-mentioned manner at the home of the above-mentioned Defendant around 01:00.

(d)

On September 2015, at around 01:00, the Defendant smoked marijuana at the gymnae room operated by the Defendant in the Namdong-gu Incheon Metropolitan City C and the third floor by the said method.

E. On December 2, 2015, the Defendant smoked marijuana at the closure room of the above sports center in the first order of 01:00, in one way as above.

F. At around 01:00 on December 22, 2015, the Defendant smoked marijuana at the closure room in the said sports hall by the said method as above.

2. Around December 29, 2015, the Defendant stored approximately 0.25g of marijuana in a vinyl package in the rest room of the said gymnasium.

Accordingly, the defendant kept marijuana even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana, the choice of imprisonment), Article 61 (1) 6 and Article 4 (1) 2 (the provision of Article 61 (1) 4 (the point of keeping marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act on the following grounds for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

7 times the amount equivalent to subdivisions);