logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.11.17 2020고합263
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 2019, the Defendant purchased marijuana 150,000 won in cash from a person who was in front of the building located in Ansan-si Group B around the middle of September 2019, in a way that he walkned about 1g of marijuana, and walked about 1g of marijuana.

2. On November 30, 2019, at around 19:00, the Defendant smoked marijuana in his/her residence (the corresponding part of the indictment in the case of the head sentence of the Dong-gu, Busan. However, according to the Defendant’s residence column, the Defendant’s address in inquiry about the identity of a long-term foreigner in the indictment (Evidence No. 142 pages), and the Defendant’s residence lease agreement, etc. submitted by his/her defense counsel to this court, it is obvious that it is a clerical error in the “C”, and it does not seem to interfere with the Defendant’s exercise of defense right even if it is corrected and recognized without any amendment. D).

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, protocol of seizure and report on internal investigation into the list of seizure (suspect A's lawsuit and results of appraisal by a suspect);

1. Article 59 (1) 7, subparagraph 7 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, Article 61 (1) 4 of the Act on the Management 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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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. Scope of punishment by law: One to thirty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

arrow