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(영문) 수원지방법원 평택지원 2016.05.04 2016고합24
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 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 2, 2016, around 17:00, the Defendant: (a) delivered approximately 5g of hemps to D in the vicinity of his/her residence, located in the Steel-gun C, Gangwon-do, to D; and (b) purchased and sold marijuana by receiving KRW 500,000 in cash.

2. On March 7, 2016, around 18:30 on March 7, 2016, the Defendant added approximately 0.5g g of marijuana powder at the site of packing the agricultural roads located in the Iron-gun of Gangwon-do, and added a smoke with a racker, and smoked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. A written confirmation of reaction test and urine test;

1. Investigation report (Report on the calculation of an additional collection charge) - Application of Acts and subordinate statutes concerning monthly trends in narcotics;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, Etc. (the point of smoking marijuana, the choice of imprisonment), Article 59 (1) 7 and Article 3 subparagraph 9 of the Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016) concerning 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 aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the above 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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Calculation of the amount additionally collected: 500,000 won in the purchase price for marijuana, which is 3,000 won in the market price for each marijuana);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June 17 months;

2. Scope of the recommended sentencing criteria; and

(a) A crime of violation of the Act on the Control of Narcotics, Etc. (Offense No. 1 in the holding) due to the trade in marijuana (the type is determined);

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