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(영문) 수원지방법원 2016.02.05 2015고합527

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant, who is not a handler of narcotics, was prohibited from performing an act of importing, exporting, trading, assisting in the trade of, cultivating, possessing, possessing, giving and receiving, transporting, or using marijuana, the Defendant traded and smoked marijuana as follows:

1. The same year including the purchase of 200,000 won in cash to the Songpa-gu Seoul and 101 on January 17, 2015 by the Defendant for the trade of marijuana and the purchase of 1g amount of marijuana at around 01:00,000.

3. By up to 21:00 on August 21, 18, 200, he purchased marijuana over a total of six occasions, such as “the list of crimes 1” as shown in the annexed sheet 1.

2. On January 17, 2015, the Defendant’s point of smoking marijuana is as follows: (a) less the tobacco plant located in a tobacco parking lot located in the 131-dong underground parking lot located in Chungcheongnam-si E Apartment-si, 131, and (b) less the tobacco plant in that vehicle; and (c) put the tobacco in the 0.5g quantity by inserting it into a racker, and then smokes marijuana as if he smokes.

4. From 15 to 15, marijuana was smoked over a total of 14 times, such as the incident table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Reports on internal investigation (the sequence 2, 3 of the evidence list);

1. Application of Acts and subordinate statutes of the investigation report (the No. 10, 11, 14, 15 of the evidence list);

1. Article 59(1)7 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal facts, Article 3 subparag. 9 (the purchase of marijuana) of the Act on the Control of Narcotics, etc., and Article 61(1)4(a) and Article 3 subparag. 10(a) of the Act on the Control of Narcotics, etc. (the point of smoking respective marijuana and the choice of imprisonment, respectively);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a violation of the Act on the Control of Narcotics, Etc. due to the purchase of marijuana by a person on March 18, 2015, of the largest penalty];

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.