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(영문) 인천지방법원 2013.09.04 2013고단4134

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 30, 2012, at around 23:00, the Defendant smoked marijuana by turning in, and smoking, tobacco produced by marijuana, along with C and D, in the briart crigate located in the Philippines.

2. On July 22:00, the Defendant smoked marijuana by spreading, and smoking, tobacco produced by marijuana together with C, G, and H at the Fju point of the Defendant’s operation in Seocheon-si, Seocheon-si, Seocheon-si, Seoul, at around 22:00.

3. On December 2012, the Defendant smoked, at the above Fju on the lower 22:00, by using the marijuana inhalers made of plastics disease with C, I, and J, together with C, I, and as soon as possible, the Defendant inhaled marijuana.

4. On March 6, 2013, at around 22:00, the Defendant smoked marijuana by spreading and smoking tobacco produced by marijuana together with c, D, K, L, and M in the mutual influence house 203 in the Philippines.

5. On March 23, 2013, around 23:00, the Defendant smoked marijuana by spreading and smoking tobacco made with marijuana together with C, M, I, and N at the above Fju point.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of G, C (including a suspect interrogation protocol of prosecution), I, H, M, J, D, L, L, or K;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price of narcotics and calculation of additional collection charges);

1. Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, etc. under the Relevant Acts concerning criminal facts;

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 (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing of smoking amount under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (7,500 won = 1,500 won per minute 5 times) of the Act on the Management of Narcotics, Etc. are the confessions of the crimes in this case, and there is no record of criminal punishment so far, and all kinds of sentencing, including the Defendant’s age, environment, etc.