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(영문) 서울중앙지방법원 2016.04.15 2016고합138
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 28, 2014, the Defendant was sentenced to a suspended sentence of one year and two months for a violation of the Narcotics Control Act at the Busan District Court on February 28, 2014, and the sentence becomes final and conclusive on March 8, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. On August 11, 2013, the Defendant sold the X-si and marijuana in the vicinity of the Gangnam-gu Seoul apartment complex, in a way that 80,000 won was dried from D and MaDMA (hereinafter “EXM”) which is a local mental medicine medicine, and 6g of marijuana to D.

2. From August 15, 2013 to September 2013, the Defendant smoked marijuana along with F and D in a way that the Defendant, who was stopping on the street near Gangnam-gu Seoul, made the marijuana tobacco by putting the paper on a tobacco paper on a tobacco paper, and affixed a fire to the smoke in a way that the hemp smokes are cut off.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F and D;

1. Each statement of G and H;

1. An investigation report (in cases of a witness F, a copy of the judgment attached thereto), a criminal investigation report (in cases of attaching a copy of a protocol for suspect interrogation of a witness D), and a criminal investigation report (in cases of calculation of additional charges);

1. Previous conviction in judgment: An investigation report (report attached to a suspect A, such as inquiry of the suspect A), resident inquiry, and application of statutes governing criminal history;

1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) (the point of trade of X posters) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts; Article 59(1)7, Article 3 subparag. 9 (the point of trade of marijuana) 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 (a) (the point of trade of marijuana) of the Narcotics, etc. Act on the Control of Narcotics, etc.

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and 50 of the Narcotics Control Act, between the crimes of violation of the Narcotics Control Act, and the crimes of violation of the Narcotics Control Act due to the trade of marijuana, and the control of narcotics, etc. due to trade of marijuana, the punishment of which is heavier;

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