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(영문) 서울중앙지방법원 2018.03.29 2018고단795
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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. Receipt of marijuana;

A. On October 29, 2017, the Defendant: (a) around October 29, 2017, around Yongsan-gu Seoul Metropolitan Government, sent approximately KRW 1ml (1ml) for marijuana, in which he/she puts the name in an electronic cigarette to a person who is in unsound; (b).

B. On November 17, 2017, around 18:40, the Defendant, at the street of D Hospital located in Yongsan-gu Seoul Metropolitan Government, issued E (Gain name) a hemp machine (including pipe, and approximately 7.8gg) for smoking, which is contained in electronic tobacco.

2. On February 1, 2018, at the Defendant’s office No. 17:12, the Defendant, holding three glass bottles containing approximately 3ml of the 3rd floor of Seoul FF shop, -16, 22 electronic tobacco cart storages (including inside and outside 0.5ml each), about 230g (including glass bottles) above the body-type marijuana’s amount, and about 3ml of the hemp.

3. Around 00:00 on January 26, 2018, the Defendant smoked by using an electronic cigarette device for the influence of marijuana in the above Defendant’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure (voluntary submission), protocol of seizure, and list of seizure;

1. Mobile phone hosting and photographing objects;

1. A written appraisal of each drug;

1. The application of Acts and subordinate statutes to a report on investigation (investigation records 273 through 275);

1. Articles 61(1)6 and 4(1)2 (the point of receipt and possession of marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics, etc. Act on the Control of Narcotics, etc., and Article 61(1)4 (a) of the same Act on the Control of Narcotics, etc., and choice of imprisonment, respectively;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

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

1. Imprisonment with prison labor for a period of one month to seven years and six months; and

2. Two types of crimes (e.g., marijuana and f., item (d) and (e) of the sentencing guidelines), including the medication and the simple possession, of the sentence for the recommendation of the sentencing guidelines.

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