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(영문) 인천지방법원 부천지원 2019.07.19 2019고합111
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

No person shall trade or smoke marijuana.

1. The Defendant and B, and C expressed their intent to purchase marijuana from Internet narcotics.

In March 2019, the Defendant received 3,100,000 won of marijuana from B through B, and exchanged it as bitcos, and remitted the above bitcos to the above bitcos on the name-free narcotics known on the Internet, and around that time, the Defendant found 15-20g of marijuana 15-20g of the above bitcos on the bitcos located in Seocho-gu Seoul, where the above narcotics were known.

Accordingly, the Defendant sold and purchased marijuana in collusion with B and C.

2. At night at the end of March 2019, the Defendant smoked marijuana by inserting two tobacco leaves in front of the Defendant’s residence in Gangnam-gu Seoul, and inserting approximately 0.5g of marijuana leaves in the front of the Defendant’s residence in Gangnam-gu, Seoul, and attaching a fire in a way that smokes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. A report on the results of simplified drug inspection, and a narcotics appraisal report;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional collection charges) and accompanying documents;

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

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 (Aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (math) due to the purchase of heavy marijuana);

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act concerning probation and education;

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

1. 1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to the additional collection (the total purchase amount of marijuana shall be 3.1 million won); and

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