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(영문) 인천지방법원 2016.06.24 2016고합231
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person assists in the trade of marijuana, and no person smokes marijuana, the Defendant assisted the trade of marijuana as follows, and smoked it:

1. On October 23, 2015, the Defendant, along with E, purchased hemp seeds before the Defendant, as the Gangwon-do Stick-gun C around October 23, 2015.

D introduced them to E, and made them deliver 1,500,000 won to D and arrange for trade of marijuana by allowing them to dry about 3 kilograms of marijuana.

2. On December 13, 2015, at the Defendant’s residence located in Bupyeong-gu, Incheon, and 102, the Defendant smoked marijuana in a way of smoking by inserting approximately 0.5g of marijuana in the tobacco in the form of smoking by inserting it in a f.5g.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the interrogation of suspects of the police against E, and protocol concerning the interrogation of suspects of the police against D;

1. Each police seizure protocol (the sequence 5, 13 of the list of evidence);

1. Documents (Evidence No. 11) and each narcotics appraisal document (Evidence No. 22 through 24) as of the time of the prosecution examination;

1. The photograph of each seized article (the sequence 4, 12 of the evidence list);

1. Application of the Acts and subordinate statutes on extraction data of A currency content;

1. Article 59 (1) 7, Article 3 subparagraph 9 (a) of the Act on the Management of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the occupation of smoking marijuana and the selection of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes concerning violation of the Act on the Control of Narcotics, etc. Due to Bribery Trade Mediation, which is heavier than the punishment, (the aggravated punishment for the above two crimes shall be added up to the extent that such aggravated punishment is added up);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. (based on the calculation of a surcharge) 1,500,000 won for the purchase of marijuana purchased or mediated by the defendant;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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