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(영문) 광주지방법원 2019.04.26 2019고합92
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a foreigner of the nationality of a baby.

Although the defendant is not a person dealing with narcotics, he is not a person dealing with the marijuana, he dealt with it as follows.

1. Sale of hemp plants;

A. On September 13, 2018, between September 23:00 and 24:00 of the same day, the Defendant purchased and sold marijuana in a manner that 1.50,000 won from D on the street in the vicinity of the C Child Care Center located in Yongsan-gu Seoul, Yongsan-gu, Seoul and 1g of marijuana to that person.

B. On September 16, 2018, the Defendant traded marijuana in a manner that 150,000 won was dried from D and 150,000 won was dried from D at the same place as paragraph (a).

2. The Defendant smokeed marijuana between February 18, 2019 and February 27, 2019, in such a way as to inhale the smoke generated by attaching the smoke by an influence of the smoke in the French-dong, Yongsan-gu Seoul Metropolitan Government or the Incheon Buddhist Site.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the third prosecutor's interrogation protocol against the defendant

1. Each prosecutor's interrogation protocol concerning D;

1. Requests for appraisal, reports on requests for appraisal, and reports on requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the contents of dialogue with a hemp supplier), photographs of the contents of dialogue, investigation reports (report on the calculation of additional collection charges);

1. Article 59 (1) 7 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc. (a) and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (a) [the point of smoking marijuana and the choice of imprisonment] for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of violation of the Act on the Control of Narcotics, etc. (referring to the aggravated punishment and punishment for concurrent crimes)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for calculating additional collection charges under the proviso to Article 67 of the Act on the Control of Narcotics;

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