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(영문) 서울중앙지방법원 2018.12.27 2018고합1082
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

One unit (No. 1) for a seized official packing machine, and one unit (No. 2) for a closed coefficient, respectively.

Reasons

Punishment of the crime

1. On May 2018, 2018, the Defendant: (a) taken approximately 28g of marijuana from D in the residence of B apartment C heading-D, Gyeonggi-do; (b) gave D approximately 1.5 million won as the purchase price for marijuana.

Accordingly, the defendant purchased approximately 280,000 grams from D to 1.5 million won.

2. On September 6, 2018, at around 23:00, the Defendant visited E to search for marijuana and requested it, and thereafter, the Defendant 112g of hemp ( approximately 4:00,000,000,000 won for the purchase price for marijuana from I, which was parked in and near the G Do-nam-si, G Do-nam-si, in F, for the Defendant’s operation, sent out approximately 112 grams (4:0,000,000 won) to E within the H-related car.

Accordingly, the defendant purchased approximately 112 grams from E and I for about 4 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspects of police officers to J, I, K, and E;

1. A protocol of seizure of the person on October 23, 2018;

1. Application of Acts and subordinate statutes to the investigation report (to the hemp market price report);

1. Article 59(1)7 and Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15481, Mar. 13, 2018) concerning criminal facts

1. An aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for the crimes of violation of the Act on the Control of Narcotics, etc., Caused by Purchase of Cannabis on September 6, 2018 with heavy criminal penalty)

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (based on the calculation of additional collection charges): 500,000 won in total of the purchase price for marijuana (=1.5 million won in total);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences: Imprisonment for one year to 45 years;

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

(a) Basic crimes and concurrent crimes: Two types of crimes of violation of the Act on the Control of Narcotics, Etc. by the Purchase of Cannabis (determinations of types), such as the trade of, and assistance in, the purchase and sale of narcotics (b). (c) [in the sphere of recommendation and recommendation, the scope of recommendation and punishment shall be included therein;

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