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(영문) 인천지방법원 부천지원 2013.09.05 2013고단2218
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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. On March 6, 2013, at around 22:00, the Defendant: (a) smoked once in the same manner as smoking tobacco produced by inserting marijuana, which is narcotics, together with B, C, D, E, and F, in the private house 203, which does not know the trade names in the Philippines.

Accordingly, the Defendant smoked marijuana in collusion with B, C, D, E, and F.

2. At around 23:00 on March 2013, the Defendant smoked once by the aforementioned means, along with “H’s main points at Hopp, C, I, and J, and two marijuana tobacco in Seocheon-gu, Seocheon-si.

Accordingly, the Defendant smoked marijuana in collusion with B, C, I, and J.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of police officers in relation to C, B, I, D, J, F, and E;

1. Application of Acts and subordinate statutes on the immigration status of individuals;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that the defendant repents wrongs for the defendant, and that the defendant does not have any previous error and does not have any past record of fines once);

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

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