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(영문) 수원지방법원 평택지원 2016.04.20 2016고합15

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

506,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. At around 17:00 on February 2, 2016, the Defendant received approximately 5g of hemps from D in the vicinity of the Defendant’s residence in the Iron-gun, Gangwon-do, the Republic of Korea: (a) delivered the hemps to G from the Fmalter located in the same Gun E; and (b) delivered the said money to D in the direction near the said Fmalter after receiving KRW 500,000 from G to arrange for the trade of marijuana between D and G by delivering the said money to D in the direction near the said Falter.

2. On February 2, 2016, the Defendant added approximately 0.25g g of hemp powder in an empty cigarette, which was cut off from tobacco dust in the vicinity of the FPPter as listed in paragraph (1), and added a smoke with a smoker, and smoked.

3. On February 18, 2016, the Defendant put about approximately 0.25g of marijuana in an empty cigarette, which was cut off by tobacco dust from a clothes near the Defendant’s residence, as described in paragraph (1), around 20:0, around February 18, 2016, and smoked by a smoker.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on investigation (calculated of a surcharge), - monthly trend of narcotics, additional response to requests for appraisal, narcotics appraisal, application of the Acts and subordinate statutes requesting appraisal;

1. Article 59(1)7, Article 3 Subparag. 9(1)9 (a) of the Act on the Management of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016); Article 61(1)4 (a) and Article 3 Subparag. 10 (a) (a) of the Narcotics Control Act on the criminal facts; Article 3 subparag. 10 (a) of the same Act on the Management of Narcotics, etc. (amended by Act No. 14019, Feb. 3, 2016);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the calculation of the amount of additional collection: 500,000 won for marijuana value offered good offices for sale and purchase, and 3,000 won for the market value of the powder smoking once x twice); and