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(영문) 부산지방법원 동부지원 2018.08.28 2018고합101
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 March 22, 2016, the Defendant: (a) remitted 100,000 won from the D Center’s office located in Busanandong-gu, to the C C C C’s account in the name of the E, which is a post-high school, in the name of the purchase price; (b) purchased ma from E at the home of F 205, F. 205, located in Busan, for the same day, from that time until September 22, 2016, the Defendant purchased mas in total six times, as indicated in the list of crimes, from that time.

2. The Defendant smoked, at the end of June, 2017, marijuana in the manner of inserting it into the pipe made by the gambling place in the automobile of the Defendant, which was stopped near H located in Busan Daegu G, Daegu at the end of June, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant E in the protocol of interrogation of the suspect;

1. Seizure records;

1. Each investigation report (the sequence 1, 5, 13 in the list of evidence);

1. Application of the statutes of the response request for appraisal;

1. Article 59 (1) 7 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment provided for in the Act on the Control of Narcotics, etc. due to the trade of marijuana by a person on September 22, 2016, the largest penalty for concurrent 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of the amount additionally collected: 2,100 in total; and

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