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(영문) 인천지방법원 2014.11.19 2014고단6946
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

The defendant is not a person handling narcotics.

1. On April 19, 2014, the Defendant: (a) received two-time medications from B on the Roman-distance one-way route located in the New-dong, Jung-gu, Incheon, Jung-gu; (b) around 20:00 on the same day, the Defendant produced marijuana tobacco using one-time medications at the Defendant’s home located in the Nam-gu, Incheon, Nam-gu, Incheon; and (c) smoked in a manner of inhaleing the said smoke by attaching a fire thereto.

2. On May 18, 2014, the Defendant smoked a medication once in the same manner as the preceding paragraph at the same place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Application of investigation report (calculated with a surcharge for marijuana) Acts and subordinate statutes;

1. Article 61 (1) 6 of the relevant Act on Criminal Facts, Articles 61 (1) 6 and 4 (1) of the Act on the Selection of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 (10) 10 of the Narcotics Control Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act, including the fact that a person has been sentenced to a punishment for the same kind of crime in 2001, but has not reoffending for a considerable period

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

1. The proviso to Article 67 of the Narcotics Control Act;

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