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(영문) 수원지방법원 성남지원 2021.02.18 2020고합8
마약류관리에관한법률위반(대마)
Text

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

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

Defendant is not a narcotics handler.

1. On January 23, 2019, at Gangnam-gu Seoul around 02:30, the Defendant purchased marijuana by: (a) having contacted a seller with his name-free seller via Internet tele-gram grams, and then having collected approximately 1g of marijuana packed in the friendly box of the said place by the seller first, and then remitting the price of KRW 1.60,000 to the Agricultural Cooperative Account in the name of the seller C (D) designated by the seller on the same day.

2. The Defendant: (a) during the same day, at the mutual influence of the new wall located in Dongdaemun-gu Seoul Dongdaemun-gu, the Defendant: (b) made the marijuana tobacco using approximately 1g of the hemp tobacco plant that he purchased as above and tobacco paper; (c) posted a string machine; and (d) smoked the hemp in a way that smokes are cut off with smoke.

Summary of Evidence

1. Application of photographic Acts and subordinate statutes to photographs showing a copy of the police interrogation protocol to the defendant's legal statement E;

1. Article 59 (1) 7 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the point of trade in marijuana) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 and subparagraph 10 (a) (the point of trade in marijuana and the selection of imprisonment with prison labor) 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 [Aggravation of concurrent crimes within the extent that the punishment is added up the length of each offense as provided for in the crime of violation of the Narcotics Control Act due to the trade of marijuana with heavy punishment];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. Reasons for sentencing of Article 334 (1) of the Criminal Procedure Act [based on the calculation of a surcharge] 160,000 won (the amount actually traded) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for six months from June to June;

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

(a) One crime (any type of violation of the Act on the Control of Narcotics, Etc. from Sale and purchase of marijuana).

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