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(영문) 광주지방법원 순천지원 2016.07.07 2016고합103
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One copy of a seized plastic box (No. 2) shall be confiscated.

Reasons

Punishment of the crime

1. On January 14, 2016, the Defendant received marijuana: (a) around 15:00, at the agricultural parking lot near the entrance of the Dodong-gu Busan Metropolitan Government, delivered, without compensation, the fluoral load (around 20 smoking volume) to E, and received it.

2. On March 5, 2016, the Defendant traded, after receiving 20,000 won in cash from E, at the places indicated in the foregoing paragraph (1) around 17:00, the Defendant traded, after delivering approximately 20,000 won in cash to the hemp plant’s influence (around 20,000 smoking volume).

3. The Defendant smoked, around May 25, 2016, at the Defendant’s residence toilet located in D apartment No. 103 Dong 1010, Dong 1010, on May 25, 2016, in a way of smoking in a way of smoking by putting the cigarette leaf part of the tobacco into the hemp plant and smoking by putting the tobacco in a fluencing manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol of interrogation of suspects (two times) against E prepared by the assistant judicial police officer;

1. Police seizure records;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Article 61 (1) 6 of the relevant Act and Articles 61 (1) 2 and 4 (1) 2 of the Act on the Selection of Narcotics, Etc. (the receipt of marijuana, the choice of imprisonment), Article 59 (1) 7 and Article 3 (9) 9 of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the receipt of marijuana and the selection of imprisonment) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified for the violation of the Narcotics Control Act due to the trade of marijuana with the largest punishment];

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount to be collected additionally: 403,00 won = the sale of marijuana, the purchase price of which is 20,000 won or more, which is 20,000 won or more, shall be 3,000 won or more per market price of the marijuana, the sale of which is 20,000 won or more;

1. The order of provisional payment;

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