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(영문) 서울북부지방법원 2018.08.08 2018고단605
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act (mariju) - The Defendant: (a) around November 17, 2017; (b) around 23:00 on November 17, 2017, at the Defendant’s house located in Gangseo-gu Seoul Northern District C; (c) made 0.5 grams of marijuana purchased from black male on the same day on the same day using a pipe-shaped box; and (d) attached a smoke to the said marijuana and smoked.

2. Violation of the Narcotics Control Act (mariana) - on November 18, 2017, around 00:50 on November 18, 2017, the Defendant, in possession, stored approximately 1.7gg of marijuana in a money bag of KB national bank, and approximately 0.4g of marijuana in a printing paper for A4 printing paper, respectively, later, stored it in the Defendant’s shop machine for the purpose of smoking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written response to each request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. concerning the facts constituting an offense, and Article 61 (1) 4 (b) and (a), and Article 3 subparagraph 10 (b) and (a) of the Narcotics Control Act (or choice of imprisonment with prison 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. The sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as ordered in consideration of the amount and frequency of marijuana handled by the defendant, the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.;

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