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(영문) 수원지방법원 2014.12.09 2014고합583
마약류관리에관한법률위반(대마)
Text

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

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

Reasons

Punishment of the crime

Although the Defendant was not entitled to handle narcotics, he dealt with the following narcotics:

1. On April 2, 2014, the Defendant: (a) paid KRW 200,000 in cash to D at the elevator entrance of the 14th floor of the Suwon-si, Suwon-si, Suwon-si; and (b) purchased marijuana 2g of marijuana by drying the volume of 2g.

2. Around April 2, 2014, the Defendant: (a) smoked marijuana around April 2, 2014; (b) around 24:00, the Defendant smoked marijuana in a manner that she collected 1g amount of marijuana 1g from a shot University camp located in Gung-si, Gungsi-si; and (c) added a smoke by inserting the amount of marijuana 1g from a shot forest into a tobacco string; and (d) added a smoke.

3. On April 2014, the Defendant: (a) smoked in the same manner as paragraph (2) at the beginning of April 2014, at around 23:00, in the same manner as that of paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer regarding D (second time);

1. Application of statutes governing judgment;

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 Control of Narcotics, Etc., and Article 3 of the Act on the Management of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment, respectively);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Six months to twenty years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law;

2. Application of the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to the sale and purchase of marijuana, etc. (referring to marijuana) and trade assistance, etc.;

Items c) and c.

[Determination of the recommended territory] Basic Area (Scope of Recommendation] Imprisonment with prison labor for one year to two years

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (determination of types) by smoking marijuana.

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