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(영문) 광주지방법원 2016.11.09 2016고단4227

마약류관리에관한법률위반(대마)

Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt of marijuana;

A. On November 13, 2014, the Defendant received approximately 5 grams of marijuana, which was dried from D, from E, around November 13, 2014.

B. Around May 30, 2015, the Defendant received approximately five grams of marijuana, which was dried from D, from E, around May 30, 2015.

2. Smoking marijuana;

A. On September 2016, the Defendant: (a) driven by D, which was parked near G in the Seocho-si F, in a tobacco pipe, and smoked by inserting approximately 0.5g of marijuana 0.5g, dryed from D, in a tobacco pipe; and (b) attaching a fire to it.

B. On September 18, 2016, the Defendant: (a) driven a car driven by D, parked near G in the Guri-siF, and (b) smoked by inserting approximately 0.5g of marijuana 0.5g, dried from D, into a tobacco pipe; and (c) attaching a fire to a smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol of H by the prosecution;

1. The protocol of statement of each prosecutor's office with respect to E (one copy, twice), I;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Article 61 (1) 6, Article 4 (1) 2 (the point of receipt of marijuana), Article 61 (1) 4 (a), subparagraph 1 (a) (the point of receipt of marijuana) of the Act on the Management of Narcotics, Etc. for Criminal Facts, and Selection of Imprisonment with prison labor, respectively;

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;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (referring to the 3,000 won per gram and retail in 12,00 won per gram of marijuana provided in the Supreme Prosecutors' Office's monthly trends on August 2016 and the issuance of narcotics, etc.).

1. Scope of recommendations according to the sentencing criteria;

(a) Category 1 (Determination of Types), such as sales brokerage, etc., of narcotics crimes, (e.g., marijuana, native b. (c) and (c)) [Determination of the recommended territory] and simple possession of the mitigated area;