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(영문) 수원지방법원 2015.03.17 2014고합582
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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.

1. On December 2013, the Defendant paid 150,000 won in cash at the entrance of the 14th floor elevator of the Suwon-si, Suwon-si, Suwon-si, D, and purchased approximately 1g of marijuana.

2. At around 10:00 on the lower order of December 2013, the Defendant smoked marijuana by inserting approximately 1g of marijuana into tobacco in the Defendant’s house located in Suwon-si E, Suwon-si, 304, and attaching a fire to it.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Copy of the judgment;

1. A written appraisal (195 pages of investigation records);

1. Details of the currency of the D and the suspect;

1. Application of Acts and subordinate statutes concerning the investigation report (additional collection);

1. Article 59 (1) 7, subparagraph 9 of Article 3, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of trade in marijuana) of the relevant criminal facts and Article 59 (1) 7, and Article 3 of the Act on the Selection of Narcotics, Etc.;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Six months to twenty years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law;

2. Application of the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to the sale and purchase of marijuana, etc. (referring to marijuana) and trade assistance, etc.;

Items c) and c.

[Determination of the recommended territory] Basic Area (Scope of Recommendation] Imprisonment with prison labor for one year to two years

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to the inhalement of marijuana, etc. (referring to marijuana and the simple possession, etc.).

Items e and e.

Sub-paragraph (Determination of Recommendation Area) Basic Field [Scope of Recommendation] Imprisonment from August to June 1st.

C. One year to two years of imprisonment with prison labor for multiple crimes.

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