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(영문) 서울북부지방법원 2013.07.26 2013고합165
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 who has purchased, sold or smoked marijuana, the Defendant:

1. at the E-cafeteria parking lot located in Sungsung-si, 20:00 on September 2012, 2012, purchase F, 1,000,000 won, f, one f,000,000 won, and f, one f, for whom the hemp and the hemp species obtain from F, and where the hemp and the hemp species obtain from F, f, one f,00,000 won or more;

2. Smoking the hemp in collusion with G in collusion with G by setting off on the national highways located on the same day at around 20:20 on the same day the amount equivalent to 0.5g of the hemp purchased as above, on the haloga car of G, which was parked on the national highways located on the same day, with a fire attached thereto;

3. At around 23:00 on March 23, 2013, the hemp plant was smoked in a manner that inhales the said smoke, setting aside a considerable of 0.5g of the hemp plant purchased as above, on a gambling ground, at the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of statement by prosecutors (two times) concerning G, and the protocol of examination by prosecutors concerning F;

1. Application of Acts and subordinate statutes to the minor, simplified, and clinical examination, and notification of the results of narcotics appraisal (investigative record No. 42 pages);

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, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [an aggravated punishment for concurrent crimes concerning the violation of the Narcotics Control Act, etc. due to the trade of marijuana of the largest punishment, shall be aggravated);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The additional collection amount under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: 1,000,000 won for the purchase price of marijuana, and the smoking amount under Articles 2 and 3 of the facts constituting the crime, shall be included in the purchased marijuana, respectively; and

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