beta
(영문) 수원지방법원 성남지원 2016.03.17 2015고합272

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 2014, the Defendant for the trade of marijuana and D purchased marijuana over three occasions, including the purchase of approximately 1g 1,50,000 won under the name of the E, on the roads located in the territory of Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and the delivery of KRW 1,50,000 to E in the name of the price, even though they are not each narcotics handler.

Accordingly, the defendant, in collusion with D, sold marijuana over three occasions.

2. In the middle of October 2014, the Defendant of marijuana and E, and D smoked marijuana over eight occasions, including, but not limited to, a person who is not a handler of narcotics, in the passenger car parked on the road located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, by raising approximately 0.5gg of marijuana on the top of the car, and in the shape of tobacco, in the shape of a tobacco, the fluor attached the fluor at the end of the vehicle, and the fluen as soon as possible at the end of the opposite part, and as in the end of the opposite part.

Accordingly, the Defendant, in collusion with E and D, smoked marijuana over eight occasions.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Copy of the statement made by the prosecution to E;

1. Application of Acts and subordinate statutes to narcotics appraisal certificates and monetary statements;

1. Article 59(1)7 and Article 3 subparag. 9 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Article 30 of the Criminal Act (a) of the former Act on the Control of Narcotics, Etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act on the criminal facts;

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 [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on the Control of Narcotics, etc. due to Purchase and Sale of Cannabis, which is the largest punishment and criminal circumstances, on the first time on December 2014];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 of the Criminal Act: