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(영문) 인천지방법원 2020.02.18 2019고단9213
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. Around the first night of February 2019, the Defendant smoked marijuana by inserting it in the pipe created by a stuffing paper in the Defendant’s residence in Gyeyang-gu Incheon apartment C, and attaching a fire to it.

2. On July 2019, the Defendant smoked marijuana in the same manner and at the same place as that of paragraph (1) at night around the lower night.

3. On August 2019, the Defendant smoked marijuana in the same manner as in paragraph (1) at the same place at night.

4. At around 17:50 on September 9, 2019, the Defendant possessed marijuana by means of storing approximately 12.5g of hemps contained in vinyl finites in the new combustion box in the same place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles (mariju-12.5g);

1. Each investigation report (execution of a warrant of search and seizure, replys to the results of suspect A’s reexamination, response to the training of marijuana, submission of an appraisal report to the seized articles from A by the suspect, response to the training of marijuana, response to the training of marijuana, response to the suspect A’s request for an appraisal by the suspect A - Application of Acts and subordinate statutes

1. Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Narcotics Control Act (amended by Act No. 16714, Dec. 3, 2019; hereinafter the same shall apply), Article 61(1)6 and Article 4(1)2 of the former Narcotics Control Act (amended by Act No. 16714, Dec. 3, 201); Articles 61(1)6 and 4(1)2 of the former Narcotics Control Act (amended by Act No. 16714, Dec

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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