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(영문) 서울중앙지방법원 2017.03.10 2016고단9566
마약류관리에관한법률위반(대마)등
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

1. On June 23, 2016, the Defendant violated the Act on the Punishment of Arrangement, etc. of Commercial Sex Acts (sexual traffic) committed commercial sex acts by having E (hereinafter “E”), which he/she became aware of through Internet hosting D’s Internet hosting D’, at around 22:00, Namyang-si, the Defendant’s dwelling place of the Defendant, 9.40 Dong-dong 401, at around 14,00,000, with sexual intercourse with the said E.

2. Around July 2, 2016, the Defendant violated the Narcotics Control Act (mariju), around the south-si on July 2, 2016, c apartment C, 9-dong 401, left in the Defendant’s residence, with a view to smoking a total of 0.9g g of marijuana, by sticking and keeping the hemp leaf leaves, which he acquired by chance on the side of an expressway, in a 0.7g book, and being stored in a plastic bag 0.2g of 0.2g of marijuana leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of each protocol of seizure and each statute of the list of seizure;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (b) (the storage and possession of marijuana) of the Act on the Management of Narcotics, Etc. concerning criminal facts, Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, and Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. and Selection of Imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of the recommended punishment] : (a) the basic area (from August to January 6) of types 2 (the decision of sentence) including medication, simple possession, etc. / [the decision of sentence] / The defendant committed another crime of this case despite the fact that he was punished by sexual traffic; (b) the crime of carrying marijuana is likely to lead to an act of inhaleing marijuana, etc.; and (c) so strict punishment is required, in light of the above, the defendant should be punished strictly; however, there is no record of punishment exceeding the fine against the defendant; (d) the confession of the crime of this case is divided while making a confession.

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