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(영문) 서울북부지방법원 2015.03.25 2015고단158

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No defendant shall be qualified to handle narcotics.

1. On February 25, 2014, the Defendant purchased marijuana: (a) around 23:50, the Defendant paid KRW 100,000 in cash to C in Suwon-si B and 1405; (b) purchased the marijuana, using glass pipes containing approximately 0.5g of marijuana and 0.5g of marijuana enclosed on paper.

2. Smoking marijuana;

A. On the same day as above 1, marijuana was smoked in a way that smokes in glass pipes containing approximately 0.5g of marijuana at the same place by attaching a fire with a smoke.

B. On September 2014, the lower court: (a) removed some of the contents of tobacco at the home parking lots of the Defendant, Seongbuk-gu Seoul D and B02, containing approximately 0.5g of marijuana in the said parking lots; and (b) smoked by a smokeing method with a fire attached thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C (third time);

1. A written request for appraisal, a written report on inquiry and a narcotics appraisal report;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 59 (1) 7, subparagraph 9 of Article 3, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with Labor for Crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed again the instant crime even though he/she had been under a disposition of suspension of the execution of the same kind of crime. In particular, considering that the hemp purchasing crime and the crime of smoking marijuana as of February 25, 2014 were committed during the period of suspension of the execution of the same crime, a severe sentence is inevitable, but it is against the defendant's age, character and conduct, family environment, and the motive, means, and consequence of the instant crime.