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(영문) 광주지방법원 2015.12.18 2015고합394
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

Defendant is not a narcotics handler.

On August 14, 2014, the Defendant purchased approximately 1.50,000 won from the Defendant’s vehicle parked in front of the “E pharmacy” located in Guro-gu Seoul Metropolitan Government, and purchased approximately 1.50,000 won from F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 59 (1) 7 and Article 3 subparagraph 9 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the purpose of confiscation is to deprive a person of his/her benefits from a crime, and the additional collection is to achieve the purpose of confiscation, the value to be collected when it is impossible to confiscate shall be deemed as the amount equivalent to the benefits that the person had lost if he/she had been sentenced to confiscation. Thus, the calculation of the value shall not be based on the purchase price of the prior public notice (see Supreme Court Decision 91Do352, May 28, 1991). According to each evidence of the judgment below, it shall not be based on the purchase price (see Supreme Court Decision 91Do352, May 28, 1991). Since the transaction amount per marijuana 1g is KRW 100,00,00, the additional collection amount for marijuana 1g, which cannot be confiscated, is 100,000 won).

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

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Application of the sentencing criteria [Determination of types] : Type 2 (mariju, flagb, item (b), (c), etc.) [Special Sentencing] - Purchasing or receiving for the purpose of medication, simple possession, etc. (Determination of the recommended field] mitigated area (a decision of the recommended area] mitigated area (a decision of the recommended area) - 8 months to 1 year and 6 months.

3. In the case of narcotics crimes for which sentence is determined:

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