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(영문) 인천지방법원 2017.05.19 2017고합127
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. On February 11, 2017, the Defendant traded marijuana resin (one name “city in the sea”; hereinafter “city in the sea”) and around 12:00, the Defendant purchased and sold 50 grams of the time-frame 50,000 from E in front of D sales slips located in Chungcheongnam-gun A, Chungcheongnam-gun, Chungcheongbuk-gun, for a year contained in a verification-style plastic plastic bag, and in return, purchased and sold it from E with KRW 1 million from E.

2. On March 5, 2017, the Defendant smoked on the following day: (a) around 21:00, at the Defendant’s residence located in the UAF and the Defendant’s residence located in Chungcheongnambuk-gun F and 202; (b) after mixing the tobacco first and three grams at the end of the year, the Defendant smoked on one-time basis with the horses attached thereto.

3. On March 6, 2017, the Defendant possessed approximately 9.72 grams at the time of the Sea at the place of residence of the above Defendant on March 6, 2017, and kept approximately 11.09ggs at the time of the Sea in a boat and a 1.37ggs at the time of the Sea at the time, respectively, in a iron misunderstanding.

Accordingly, the defendant had a time to see that he is not a narcotics handler.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Three copies of examination records of E;

1. Records of seizure, lists of seizure and measurement of weight of seized articles;

1. Application of the provisions of the Acts and subordinate statutes to the victim and E’s G dialogue content, the suspect A’s sending of phone calls, the details of reverse phone calls, and the subsequent sending statement (narcotics appraisal statement - seized objects, and defense);

1. Article 59 (1) 7, Article 3 subparagraph 7 (the point of trade of marijuana) of the Act on the Management of Narcotics, Etc., Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of trade of marijuana smoking and the choice of imprisonment) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6 and Article 4 (1) 2 (the hemp) of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 61 (1) 2 of the Act on the Control of Narcotics, etc.;

in possession, the choice of imprisonment

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravation of concurrent crimes as provided for in the Act on the Control of Narcotics, etc. Due to Sale and Purchase of Cannabis of the largest punishment (to the extent that the punishment is aggregated with the long-term punishment for each of the above crimes

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

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

1. Collection of narcotics;

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