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(영문) 인천지방법원 2019.08.29 2019고합339
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

One cost and half of the seized melting culverververs (No. 1, 2).

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

[criminal power] On November 6, 2015, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Daegu District Court on November 6, 2015, and completed the execution of the sentence on March 14, 2017.

【Criminal Facts】

1. Sale of marijuana;

A. In December 2018, the Defendant sold marijuana 20,000,000 won, using 10,000 won, to D, in the vicinity of “C” located in Chuncheon-si B.

B. On January 14, 2019, around 19:30, the Defendant sold marijuana 0.35g, which is wraped to F in the “Sacheon-si E market” near the Chuncheon-si E market, with approximately 0.35g for marijuana 20 and KRW 100,000,000, to F.

2. Around 19:00 on May 1, 2019, the Defendant smoked marijuana in such a way that the Defendant collected the marith of marijuana by attaching it to the marith of marijuana, in the tobacco fested within the Defendant’s residence located at Humin in Switzerland-si, the Defendant collected the marith of marijuana.

3. At around 15:48 on May 2, 2019, the Defendant kept, at the place specified in paragraph (2), one marijuana, for which approximately 0.28g of hemps were carried out, and one marijuana counter-confluent with approximately 0.08g of hemps.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness I, F, and D;

1. A copy of each police interrogation protocol against F or D (Evidence records 17, 44 pages);

1. Protocols of seizure and list of seizure (Evidence Nos. 14, 15), photographs of seizure sites, and photographs of seized articles (Evidence Nos. 13, 16);

1. Written response to a request from the National Institute of Scientific and Investigative Research for Assessment of Narcotics (Evidence Nos. 31, 33);

1. Previous records before ruling: Application of criminal records, references to criminal records, results of prisoners search (Evidence Nos. 24, 21)-related Acts and subordinate statutes;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., Articles 3 and 7 (the point of sale of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking marijuana and the choice of imprisonment), and control of narcotics, etc. for the sake of criminal facts;

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