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(영문) 수원지방법원 안산지원 2016.06.03 2016고합102

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

1. On Nov. 1, 2015, the Defendant: (a) discovered 200,000 won from D’s office of Gangnam-gu Seoul Metropolitan Government Building C, upon request from D to rescue marijuana; and (b) laid off 200,000 won for about one hour after receiving a request from D to rescue marijuana; and (c) provided D with the volume of marijuana in which the Defendant had saved from the person who was not injured by his name

Accordingly, the defendant arranged for the marijuana trade.

2. The Defendant, at the date, at the time, at the place specified in paragraph 1, carried the floor of plastic milk disease with D, put it on the floor by making use of a transparent tape, carried it into the bottom of the plastic oil, carried it over on the lids of the bottled, carried it over on the lids of the bottled, carried it onto the inside, cut off, and inhales it into the inside of the bottle, and then cut off, and dup and inhales it on the lids of the bottled.

Accordingly, the defendant, in collusion with D, smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the prosecution with regard to D;

1. A report on investigation (calculated additional collection charges);

1. An appraisal statement (No. 20 No. 500);

1. Application of Acts and subordinate statutes to a copy of an appraisal statement (No. 5);

1. Article 59(1)7 and Article 3 subparag. 9(1)9 (a) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016); Article 61(1)4 (a) and Article 3 subparag. 10 of the Narcotics Control Act; Article 30 of the Criminal Act for 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 [the punishment shall be aggravated as provided for in the provisions of the Act on the Control of Narcotics, etc. Due to Arrangement for Trade of Heavy Cannabis, to the extent that the punishment is aggregated with the long-term punishment of two crimes

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won: 200,000 won:0 won, as the quantity of marijuana, which was received from D, cannot be known; and