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(영문) 인천지방법원 2018.09.07 2018고단4919
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to a suspended sentence of one year by imprisonment with labor for a violation of the Narcotics Control Act (mariana) at the Incheon District Court on November 24, 2017, and the judgment became final and conclusive on December 2, 2017.

1. The Defendant, on October 18, 2017, parked on the E’s neighboring street located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 01:0, carried the ma in pipes made by stuffing the f, G, and H with the f, and inhaled the math of marijuana by attaching the f, and received the f, from F, the f, the f, which contained the math of marijuana in the paper.

2. On October 18, 2017, at around 04:00, the Defendant, within the Defendant’s vehicle parked in the 305-dong underground parking lot of Bupyeong-gu Incheon Metropolitan City, Incheon, with a pipe made up of the ebbbbbbage of marijuana, and inhaled the smoke by attaching a fire following it.

3. Around November 27, 2017, the Defendant 23:00, parked in the above I apartment 305-dong underground parking lots of the Defendant, with the pipe made up of stuffed by the stuffing paper, and inhaled the marith by attaching the following fire.

Accordingly, even if the Defendant is not a narcotics handler, he received marijuana once, and smoked three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officers in F, G, and H;

1. Each investigation report (referring to a response to a request for appraisal with J Messenger attached, A, K and Messenger pertaining to marijuana trade);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of giving and receiving marijuana) concerning criminal facts, Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment, respectively;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Crimes provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (the crime and the offense committed) of the said Act.

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