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(영문) 인천지방법원 부천지원 2017.02.03 2016고단3382
마약류관리에관한법률위반(대마)
Text

1. The defendant A shall be punished by imprisonment for eight months;

However, the sentence against Defendant A for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is not a handler of narcotics.

A. On October 2015, the Defendant provided F with a large amount of marijuana free of charge within the Defendant’s vehicle parked in the vicinity of the E apartment in the Seocho-si, Seocho-si.

B. The Defendant, at the time and place indicated in the above paragraph (a), made the brush as soon as possible with the stuffs inside a cigarette, added the brush of marijuana in which the brush was collected and smoked.

2. Defendant B is not a handler of narcotics.

A. On October 2016, the Defendant: (a) deducted the tobacco dust contained in tobacco from “satisf parking lots” located in G in the Seocho-si, Gyeong-si; (b) laid off the tobacco dust contained in tobacco; and (c) laid down the mariage into the marith and smoked it with a fire.

B. From November 23, 2016 to around the 24th of the same month, the Defendant smoked an influent marijuana at the places indicated in the foregoing paragraph (a), and in the same manner as the foregoing paragraph (a).

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the suspect by each prosecutor against the Defendants

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to an appraisal report on narcotics (A reproduction), a report on the results of a simplified test of narcotics (B), an appraisal report on narcotics (B), an appraisal report, an investigation report on the market price of narcotics, such as a mert, cryp, marijuana, etc.), and an investigation report (the details of calculation of an additional collection charge);

1. Article 61(1)6 of the former Narcotics Control Act and Article 4(1)2 of the same Act (amended by Act No. 14019, Feb. 3, 2016); Article 61(1)4 (a) and Article 3 subparag. 10 (a) (amended by Act No. 14019, Feb. 3, 2016) of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Defendant B, each of whose imprisonment decision is to be imprisonment: each of the Defendant B: Imprisonment under Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Narcotics Control Act; each of Articles 61(1)4 and 3 subparag. 10 (a) of the same Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Protective observation and community service order;

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