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(영문) 인천지방법원 2014.07.18 2014고합309
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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. Smoking marijuana;

A. At around 11:00 on spring 11:0, the Defendant smoked marijuana in a manner that inhales it by attaching a fire to one marijuana tobacco containing marijuana in the Jung-gu Incheon, Jung-gu, Incheon.

B. On January 201, 201, the Defendant smoked the amount of hemp in the same manner as in the preceding paragraph at the same place as in the beginning of 14:00.

C. At around 16:00, the Defendant smoked the marith of marijuana in the same place as the foregoing paragraph (a) at around 16:00.

2. The trade of marijuana;

A. A. Around May 8, 2011, the Defendant transferred KRW 280,000 to the Agricultural Cooperative Account in the name of F used by E, and purchased it from D’s pentation to the pentation on May 9, 2011.

B. On May 20, 201, at around 18:29, the Defendant transferred KRW 120,000 of the hemp purchase price to the said Agricultural Cooperative Account, and purchased it at the same place as before May 21, 201, at the same time as before, and around May 21, 201.

C. On December 9, 2011, at around 10:28, the Defendant transferred KRW 3.10,000 of the hemp purchase price to the said Nonghyup account, and around December 10, 2011, the Defendant purchased the hemp in the same place as the foregoing paragraph (a) by cutting off the hemp in the same way as the foregoing paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the first police statement to E;

1. Application of Acts and subordinate statutes to investigation reports (specific suspect);

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of smoking marijuana and the choice of imprisonment), Article 59 (1) 7, and Article 3 subparagraph 9 (1) of the Narcotics Control Act concerning the facts constituting an offense; Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of buying marijuana);

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (limited to concurrent crimes resulting from the purchase of marijuana as stated in the holding of the largest criminal facts and paragraph (3) of the same Article)

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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