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(영문) 서울중앙지방법원 2016.05.19 2015고단8202
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than two months.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority-related relationship] On August 16, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for a violation of the Narcotics Control Act at the Seoul Central District Court, and the said judgment became final and conclusive around that time. On March 28, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the same court and the said suspended sentence became null and void on June 23, 2014. On October 1, 2015, the Seoul Central District Court was sentenced to 1 year and 10 months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court and became final and conclusive on March 11, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. Violation of the Narcotics Control Act;

A. On December 2014, 2014, the Defendant, at the house of D located in Gangnam-gu Seoul Metropolitan Government, laid off the ma, F, and D’s math of marijuana in tobacco pipe, and inhaled the smoke by attaching it to the pipe.

Accordingly, the Defendant smoked marijuana in collusion with E, F, and D.

B. On February 20, 2015, the Defendant: (a) parked on the first floor of Gangnam-gu Seoul Gangnam-gu Seoul (Seoul) G in a halog car; and (b) provided E with a haloged car free of charge the haloged car size of the hemp.

Accordingly, the defendant accepted marijuana.

2. A violation of the Narcotics Control Act (flavoring) provided that the Defendant provided for approximately 0.05g of opphonephones to E at the time, place, and place described in paragraph 1-B.

Accordingly, the Defendant conspired with E to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Each judgment;

1. Previous convictions: Inquiry about criminal history, investigation reports (date of release and confirmation of the period of repeated crime), confirmation data on trial, and application of statutes of the judgment;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc., Article 30 of the Criminal Act, and Article 60(1)3(b) of the Act on the Management of Narcotics, Etc., and Article 60 of the Act on the Management of Narcotics, etc., concerning criminal facts.

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