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(영문) 서울서부지방법원 2018.11.21 2018고합261
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

1. On January 29, 2017, the Defendant traded marijuana: (a) around 14:42, the Defendant: (b) provided KRW 240,00 to C in front of Yongsan-gu Seoul Metropolitan Government apartment complex B; (c) KRW 27,00; and (d) received KRW 2640,000 from that time to December 30 of the same year, in the same manner, as indicated in the list of offenses in attached Form 1, and received KRW 22g of the hemp.

Accordingly, the Defendant traded marijuana.

2. On March 3, 2018, the Defendant, at around 14:00, drinks the smoke of a tobacco contained in the tobacco at the Defendant’s home located in Yongsan-gu Seoul Metropolitan Government apartment D, after deducting the tobacco of a tobacco plant from the Defendant’s home located in Yongsan-gu apartment D, and drinks the hemp by inserting approximately 0.25g of the hemp and attaching the smoke.

Accordingly, the Defendant smoked the hemp plant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Three-time protocol concerning C concerning the interrogation of suspects of the police;

1.The recipient -C currency details and currencies.

1. Application of Acts and subordinate statutes of Part III of the appraisal report on narcotics;

1. Article 59 (1) 7, Article 3 subparagraph 7 (a) of the Act on the Control of Narcotics, etc. under the relevant Act concerning the facts constituting an offense, and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana and the choice of imprisonment) of the Narcotics Control Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be imposed and the punishment shall be aggravated for concurrent crimes committed on December 30, 2017, with the largest penalty);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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 not more than one year nor more than 45 years;

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

(a) Crimes of violation of the Act on the Control of Narcotics, Etc. by Sale and purchase of marijuana (the determination of types) shall be limited to the sale and purchase of, and assistance in, the sale and purchase of, narcotics (the sale and purchase of, and the sale and purchase of, marijuana) / (the specially mitigated person) medication and simple possession, etc.

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