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(영문) 수원지방법원 안양지원 2017.10.13 2017고합145

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant is not a narcotics handler.

1. On February 3, 2017, the Defendant transferred 0.1836539 (which is equivalent to KRW 2.10,000,00) to the address (E) of the bitco-owner managed by D, etc. for the purpose of reporting the sales of marijuana posted by D, etc. on the Internet at the Defendant’s residence in the Mandong-gu Seoul Special Metropolitan City, the Defendant purchased marijuana by means of searching for 1g, in the first floor electricity complex in the building located in the new-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, for approximately two hours.

2. On February 4, 2017, at around 01:00, the Defendant: (a) removed tobacco from the place of residence of the said Defendant; (b) stored in the said place the influent marijuana; and (c) smoked with the influor by inserting the influor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made with respect to F, G, or D a copy of each police statement;

1. Each description of an investigation report (a copy of the statement made by the F, etc. outside of the instant case), a criminal investigation report (a copy of the statement made by the F, etc.), a criminal investigation report (a non-tcoin flow, and an electronic wall address of a suspect), and a criminal investigation report (calculated as a penalty surcharge of a suspect A);

1. Application of Acts and subordinate statutes to describe H answer materials;

1. Article 59 (1) 7, Article 3 subparagraph 7 ( point of purchase of marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the selection of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments for the crimes of violation of the Narcotics Control Act due to the Purchase of Cannabis with heavy punishment, and the punishment as provided for in the said two crimes);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of punishment recommended according to the sentencing criteria;