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(영문) 의정부지방법원 고양지원 2021.02.02 2020고합298
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall trade or smoke marijuana.

1. On January 11, 2020, the Defendant, who attempted to sell marijuana, intended to contact the seller of marijuana (hereinafter “math gram hydiB”) with her name-free hemp, and purchase marijuana through her telegram gram mphs. On November 15, 2020, the Defendant transferred KRW 190,000 to the EF bank account (G) in the name of the said seller designated by the said seller using the ATM machine installed at the convenience store located in Ilyang-dong-gu, U.S. around 23:15, 200. However, the Defendant failed to purchase marijuana and attempted to purchase it without notifying the seller of the place where the said seller was concealed.

2. On March 14, 2020, the Defendant, at around 04:00, posted a smoke on a tobacco with an influent capacity in the place of a hotel in the place of a trade name at the time of a strike, and smoked in such a way as to inhale the smoke.

Summary of Evidence

1. As to the defendant's legal statement H and I as to each police interrogation protocol (voluntary submission), the report on the commencement of internal investigation into narcotics, the report on the commencement of internal investigation into narcotics, the report on internal investigation (Evidence Nos. 6, 13) and the report on internal investigation (Evidence Nos. 2,20, 22, 25, 30 of the evidence list), the copy of the response requesting cooperation in investigation (J), a copy of the response requesting cooperation in investigation (K Bank), a copy of the response requesting cooperation in investigation (information No. 2,20, 22, 25, 30 of the evidence list), a copy

1. Article 59 (3) and Article 59 (1) 7, subparagraph 7 of Article 3 (a) of the Act on the Management of Narcotics, Etc., and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the scope of the sum of the long-term punishments for respective crimes, as prescribed for the crimes of violation of the Narcotics Control Act due to the attempted trade of marijuana heavier than the punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order to attend a course;

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