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(영문) 수원지방법원 평택지원 2017.01.19 2016고단2402
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for two years.

21,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant was not a narcotics handler, the Defendant received, smoked, and dump marijuana as follows:

1. On November 26, 2015, at around 01:12, the Defendant received approximately three grams of marijuana from the front day of the E’s house located in Gangnam-gu Seoul Metropolitan Government D, to said E free of charge.

2. On October 28, 2016, the Defendant smoked marijuana in a way that: (a) around 02:00, the Defendant parked in the G bargaining car of the Defendant’s operation, which was parked in the parking lot No. 1204, 102 Dong 1204, by inserting about 0.3gs of tobacco in the said car; and (b) inserting approximately 0.3gs of marijuana in the said car; and (c) inserting the smoke by attaching it with a stop.

3. On October 31, 2016, the Defendant kept approximately 0.04g of marijuana in an envelope on the driver’s seat of the said vehicle at the same location as before the preceding paragraph, and kept approximately 0.01g of marijuana in a plastic box, below the driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Notification of the result of legal and chemical appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation report (the application of plastic containers and paper bags containing marijuana);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 6 and 4 (1) (the point of receiving and carrying marijuana) of the Act on the Control of Narcotics, etc., and selection of imprisonment for each sentence;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Class 1 of the sentencing guidelines for the first offense [the scope of the recommended punishment] (the scope of the punishment shall be Oct. 2, 200) in the aggravated area (10 to 2 years) of the first (10 months to 3 years) of the aggravated area (10 years to 3 years of the suspended execution) of the second class (2 months to 2 years of the hemp, 4 (10 years to 3 years of the suspended execution) of the second class and the aggravated area (2 years of the recommended punishment) of the second class (10 to 3 years of the suspended execution of the said class) (2 years to 3 years of the previous class) of the same class (10 to 3 years of the suspended execution of the said class). The two types of crimes (the scope of the recommended punishment shall be marijuana, 60 years to 4 years);

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