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(영문) 인천지방법원부천지원 2020.10.07 2020고합172
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

No person shall smoke or trade marijuana.

The Defendant, through the Internet, Twitter, and telegram channel, intended to smoke by purchasing marijuana from a seller of narcotics, etc. who sells narcotics, such as penphones, marijuana, etc., in his name, using a telegram ID “B”.

1. On November 29, 2019, the Defendant: (a) promised to purchase marijuana through the said seller and the telegram Messenger at the market site; (b) transferred KRW 190,000 to the Nonghyup Bank account (Account Number D) in the name of the said seller and the said seller; and (c) sought approximately 1g of marijuana concealed in the Seoul Gangnam-gu (Seoul).

From this point to January 8, 2020, the Defendant purchased approximately 19gs in total through 14 times in the same manner as indicated in the attached list of crimes.

2. Around November 29, 2019, the Defendant smoked marijuana in a way that 0.2g of marijuana at the pipe end at the relative G, etc. located in Bupyeong-si EF, Bupyeong-si, etc., and smokes in a way that inhales the smoke by attaching a fire.

In addition, from the above to January 8, 2020, the Defendant smoked approximately 2.8g of hemp in total 14 times in the same manner as indicated in the annexed crime list.

Summary of Evidence

1. A mobile phone photograph G attached to the police interrogation protocol of the defendant as to the defendant's court statement, and a police interrogation report of each police interrogation protocol of H on the suspect's suspect examination report (additional imposition report);

1. Application of the statute on deposit of Defendant’s purchase price

1. Article 59 (1) 7, subparagraph 7 of Article 3 ( point of purchase of marijuana) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 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. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply to marijuana, the most severe punishment for concurrent crimes;

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