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(영문) 인천지방법원 2014.05.02 2014고합168

마약류관리에관한법률위반(대마)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

No person shall trade marijuana, assist in the trade thereof, or possess it for such purposes.

1. At around 01:00 on August 18, 2013, Defendant A called “Eju” located under the territory of the Dong-gu, Ansan-si and sold hemps by sending 0.58gg of hemps to F, by sending to the above place, a male in Vietnam, and receiving 80,000 won in cash from F.

Accordingly, Defendant A sold 0.58g of hemp to F.

2. On December 2013, Defendant B discovered 11 cost of marijuana tobacco (tobaccos made by deducting the leaves of tobacco from the LARK) which Defendant B kept in his house of Vietnam-friendly G in Kimpo-si, Kimpo-si, 2013, and possessed it with a view to selling 11 cost of marijuana (total 6.18gg) at the front of the International Station located in H in the window of Chang-si, Chang-si, 2014. < Amended by Act No. 12173, Mar. 6, 2014>

As a result, Defendant B possessed 11 marijuana tobacco for the purpose of sale.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol regarding F;

1. Statement to J police officers;

1. Investigation report (a relative investigation, such as K and many currencies L);

1. Seized articles as well as appraisal report;

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

1. Defendants of relevant criminal facts: Articles 59 (1) 7 and 3 subparagraph 9 of the Narcotics Control Act;

1. Discretionary mitigation Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered among the reasons for sentencing);

1. Defendant A: Reasons for sentencing in the proviso of Article 67 of the Narcotics Control Act; and

1. The scope of punishment;

(a) Defendant A: Imprisonment of one year to 30 years: Defendant B; imprisonment of six months to 15 years;

2. The scope of recommendations;