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(영문) 인천지방법원 2014.08.22 2014고단4655
마약류관리에관한법률위반(향정)등
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. Violation of the Act on the Control of Narcotics;

A. On May 16, 2013, at around 23:00, the Defendant delivered to E the hemp tobacco containing an influorous marijuana at the guest room in the D hotel room in Thailand.

B. The Defendant smokes marijuana at the same time as referred to in the preceding paragraph, and at the same place, in such a manner as to inhale the smoke by attaching a fire to one of the hemp tobacco in an influent form, and continuously smokes one of the hemp tobacco in the same way as in the case of an influent marijuana.

C. At around 01:00 on June 28, 2014, the Defendant smoked marijuana in a manner that inhales the smoke by attaching a fire to one of the marijuana tobacco in the F clubs located in the territory of Thailand with a large quantity of marijuana.

2. The Defendant violated the Act on the Control of Narcotics, etc. (fence) and administered the psychotropic drug in the same time and place as the psychotropic drug No. 1(c) in a manner of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Status of individual entry or departure;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 and Article 3 (10) 10 of the Act on the Control of Narcotics, Etc., Articles 60 (1) 4 and 2 of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution);

1. Probation under Article 62-2 of the Criminal Act;

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

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