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(영문) 인천지방법원 2013.04.18 2011고합566 (2)

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On June 1, 2010, the Defendant received marijuana from A at the parking lot located in Seo-gu Incheon, Seo-gu, Incheon, for about 0.5 grams of the hemp plant, which is enclosed by A.

2. On July 1, 2010, the Defendant: (a) received 150,000 won from GIST upon receiving a request to rescue marijuana from GIST; (b) received 150,000 won from GIST at the same place on August 1, 201; (c) received 150,000 won from GIST; and (d) received from GIST, at the same place on the same time, approximately 0.5g of the hemp, which is sealed in the gambling place; and (d) purchased 1g of the hemp, which is sealed in the paper, from GIST at the same place on the same day as of August 1 of the same year after about 10 days thereafter; and (d) received 1g of the hemp, which is sealed in the paper from GIST, at the same place on August 1 of the same year; and (d) purchased 250,000 won of the hemp plants by communicating with 501 grams located in Incheon-gu, Incheon; and (d) purchased 251g of the hemp plants.

Summary of Evidence

1. Defendant's legal statement;

1. Two-time suspect examination protocol of G concerning prosecution;

1. Application of the Acts and subordinate statutes stating that he/she each issued the hemp plants as indicated in the judgment to the accused at the time and place of the second interrogation protocol of the prosecution against A;

1. Relevant Articles of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) and Articles 61(1)7 and 4(1) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201): Article 59(1)12 and Article 3 subparag. 10 of the former Act on the Control of Narcotics, Etc.;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the Criminal Act;