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(영문) 서울중앙지방법원 2020.04.10 2020고합48

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Seoul Northern District Court on the grounds of the violation of the Act on the Control of Narcotics, etc. and the judgment became final and conclusive on April 9,

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

On June 10, 2018, around 16:10, the Defendant traded marijuana by collecting approximately 28gg of marijuana contained in a test vinyl concealed by C between the crepane and nearby wall crepan in the vehicle of Young-gu B apartment at Suwon-gu, Suwon-si, Suwon-si, and the price of 1.5 million won in the vehicle of Young-gu, Young-gu, B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report [Attachment such as a copy of interrogation protocol of related accomplice C: Attachment: Indictment, written indictment, written judgment and protocol of interrogation of suspect (second time)];

1. A previous conviction in judgment: A criminal investigation report (a list of relevant cases, judgment, Supreme Court ruling, search of cases Nabb) (a stay of execution of a suspect, confirmation of a case under investigation or under investigation: the application of statutes;

1. Article 59 (1) 7 and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. The latter part of Article 37 of the Criminal Act and Articles 39(1) and 55(1)3 of the Criminal Act [the confiscation or collection under Article 67 of the Narcotics Control Act does not aim at deprivation of benefits from a criminal act, but with respect to a disposition of punitive nature, the scope of such collection should be subject to an order of full collection of narcotics value within the scope he handled based on the defendant's basis, and a series of actions by the defendant who handled the same narcotics constitutes separate crimes, and thus, it does not require separate collection (see, e.g., Supreme Court Decisions 200Do546, Sept. 8, 200; 2010Do8764, Oct. 28, 2010; 2010Do8764, Apr. 432, 483 (Consolidated); and 485g marijuana acquired by the defendant in the Seoul Northern District Court Decision 2018Da8764, Oct. 28, 2010;