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(영문) 서울북부지방법원 2017.05.26 2017고합120
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall trade or smoke marijuana, and no person other than a handler of narcotics shall possess it, and the defendant is not a handler of narcotics.

On August 20, 2016, around 23:00, the Defendant handled marijuana over 12 times in total, as shown in the list of offenses in attached Form, between around 20 and April 3, 2017, by receiving KRW 300,000 from C to delivering approximately 2gs of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the police interrogation protocol against the accused;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. On-site photographs;

1. A report on the results of the preliminary test for narcotics, a report on the results of the preliminary test for narcotics, and a report on the results of the preliminary test for narcotics and on the confirmation;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 59(1)7, Article 3 subparag. 9(1)9 of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Article 59(1)7, Article 3 subparag. 7, and Article 3 subparag. 7 of the Narcotics Control Act (the trade of marijuana No. 2,4,5,8, and 9 of the crime list); Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act (the trade of marijuana No. 2,4,5, 8, and 9) of the Act on the Control of Narcotics, Etc.; Article 61(1)6 and 4 subparag. 2 (the selection of smoking and the punishment of marijuana) of the Act on the Control of Narcotics, Etc.;

in possession, the choice of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Public prosecutors based on the calculation of additional collection charges under the proviso to Article 67 of the Act on the Management of Narcotics, etc.: 12,000 won (marijuana) for committing the crimes of smoking marijuana four times; and

3. 1 time.

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