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(영문) 인천지방법원 2020.11.17 2019고합912
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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 April 7, 2018, the Defendant remitted 3.8 million won to the Cbank account (Serial No. D) account in the name of the hemp seller, which was known to him/her on his/her name, and the Defendant purchased marijuana in a way that, around the night of the same day, a house that does not know his/her address below the Gyeonggi-nam-si branch of the building at the time of the same day, purchased marijuana in advance by finding about about 2g of marijuana, which was hidden by the above-mentioned person on the gas pipeline behind the building on the back of the building.

2. On April 8, 2018, at around 02:00, the Defendant smoked marijuana in a way that all tobacco smokes in the benda of the Defendant’s residence, which is located in Seo-gu Incheon, Seo-gu, Incheon, with approximately two grams of marijuana, puts the Defendant into the benda, and inhales the smoke generated with a fire.

3. On March 2019, the Defendant smoked marijuana in such a way as to inhale the smoke generated by attaching the smoke to the cigarettes containing the influent marijuana, in an outdoor restaurant in the trade in detail G of the Philippines.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accused of the protocol on the seizure of suspect interrogation of the prosecution, the details of deposits by account transfer from CB account in the seizure list CB account, reply data to HB bank (personal information inquiry table, etc.);

1. Relevant legal provisions concerning facts constituting an offense and the point of trade of marijuana selected for punishment: The point of trade of marijuana under Articles 59 (1) 7 and 3 subparagraph 7 of the Narcotics Control Act: The point of trade of marijuana under Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc.;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of the sum of the long-term punishments of each of the above crimes)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Amount to be collected in addition to the proviso of Article 67 of the Narcotics Control Act;

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