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(영문) 인천지방법원 2016.11.10 2016고단6448
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

1. On June 23, 2016, around 23:00, the Defendant: (a) removed tobacco smoke from the alleyway in front of the Defendant’s residence in Jung-gu Seoul Metropolitan Government; (b) smoked from marijuana in a way that, by putting the marith of marijuana in front of the Defendant’s residence; and (c) attaching the marith to it

2. On July 23, 2016, at around 22:00, the Defendant smoked marijuana by removing tobacco smoke along with D, E (one’s name “F”), and G (one’s name “H”) from the alleyway in front of the above residence, and by attaching the flads, attaching the flads to each other, and passing a smoke.

3. On August 22, 2016, the Defendant: (a) removed tobacco smoke from the alleyway in front of the above residence; and (b) smoked marijuana in such a way as to take the marith of marijuana in his/her inner part by attaching the flasing fire, with the smoke attached thereto.

4. On September 16, 2016, at around 22:30, the Defendant: (a) removed tobacco smoke from the alleyway in front of the above residence; and (b) smoked marijuana in such a way as to take the marith of marijuana in its inner part by attaching the flash with a smoke attached thereto.

Accordingly, the defendant smoked marijuana over four times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Records of seizure and the list of seizure;

1. Preliminary test report on narcotics, reply to requests for appraisal, report on investigation (calculated additionally), response to requests for appraisal, application of Acts and subordinate statutes on records of foreign crimes and investigation into narcotics;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime;

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;

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;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommending punishment], medication, simple possession, etc.

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