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(영문) 인천지방법원 2016.07.15 2016고단3296
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall not handle marijuana, because he is not a person handling narcotics.

1. On Nov. 1, 2014, the Defendant collected 10gs of marijuana 10gs from C middle schools located in Gyeongcheon-gun, Chungcheongnamcheon-gun, D, and kept the said Defendant’s residence by inserting approximately 0.5gs of marijuana on the side of the Highway near Ycheon-si, and inserting approximately 5.78gs of marijuana remaining after the Defendant’s residence in the Bupyeong-gu, Incheon, in the first place of residence, from around April 2015.

Accordingly, the defendant smoked and stored marijuana.

2. On November 201, 2014, at around 23:00, the Defendant smoked marijuana by attaching approximately 0.5g of the dried marijuana to the said Defendant’s residence, as set forth in paragraph 1, in a way of smoking, with the fluence of approximately 0.5g of the fluent tobacco.

3. On December 2014, the Defendant: (a) stopped on the front road of the G Hospital located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) smoked about 0.5g of marijuana in the same manner as in the preceding paragraph.

4. On Apr. 1, 2015, the Defendant smoked approximately 0.5g of marijuana in the Defendant’s residence at the beginning of April 13, 2015, and in the same manner as in the preceding paragraph.

5. On September 1, 2015, around 23:00, the Defendant stopped on the front road of the G Hospital located in Bupyeong-gu, Incheon, Incheon, and smoked about 0.5g of marijuana in the same manner as that of the preceding paragraph.

6. On December 1, 2015, the Defendant: (a) stopped in and near the underground vehicular road located in the Southern-dong, Incheon Metropolitan City; (b) smoked approximately 0.5g of marijuana in and near the passenger car in the same manner as in the preceding paragraph.

7. On December 19, 2015, the Defendant smoked approximately 0.5g of marijuana at the same place as the preceding paragraph, and in the same manner as the preceding paragraph, at around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the police against H, or of the protocol concerning the examination of suspect of the police against H;

1. Protocols of seizure and list of seizure;

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