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(영문) 인천지방법원 2015.01.30 2014고합842
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Trade in marijuana;

A. On August 23, 2012, the Defendant remitted KRW 600,00 to the account in the name of D used by C, and received approximately 107gs from C, by receiving approximately 107ggs from C, which he/she sent using his/her home, at the Defendant’s residence located in Ulsanbuk-gu, and 201, on August 24, 2012.

B. On November 29, 2012, the Defendant remitted KRW 1 million to the account under the above D’s name, and on November 30, 2012, the Defendant purchased approximately KRW 214g of marijuana from C by receiving approximately 214g of marijuana sent by the same method as C in the above Defendant’s residence on November 30, 2012.

C. On July 3, 2013, the Defendant remitted KRW 1 million to the account in the above name D, and on July 4, 2013, received approximately 214g of marijuana sent by the same method as C in the above Defendant’s residence, and purchased approximately KRW 214g of marijuana from C.

2. On October 24, 2014, the Defendant smoked marijuana by inserting the marith of marijuana into the pipe of tobacco made by the string on the rooftop of the Defendant’s residence, and attaching a fire to the pipe of tobacco made by the string on the rooftop of the said Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report, report on internal investigation, report on internal investigation (specific materials for the purchase of marijuana);

1. Article 59 (1) 7, Article 3 subparagraph 9 (the point of trade in marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of trade in marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, Etc. concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes as provided for in Article 1-3 (C) of the Act on the Control of Narcotics, Etc. as provided for in paragraph (1) of the same Article with the most severe punishment and punishment];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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