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(영문) 수원지방법원 2019.03.21 2019고합25
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2016, at around 15:01, the Defendant remitted 6.50,000 won to the Cbank account (Account Number: D) in the name of B, and received approximately 5 g of marijuana from B in the numberless column of the Defendant’s vehicle operated by the 19:00 to 20:00 on the same day, and received approximately 5 g of marijuana from B in the offline column of the number in which the Defendant was operated at the 19:0 to 200,000 on the same day, and received approximately 35 g of marijuana in total from March 10, 2018.

Accordingly, the Defendant traded marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the second protocol of examination of suspect to the prosecution;

1. Records of seizure and the list of seizure;

1. A request for appraisal, a briefing report and a statement on narcotics appraisal;

1. Investigation report (the result of evaluation of hair);

1. A report on investigation (calculated additional charges);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Details of Transactions);

1. Article 59 (1) 7 and subparagraph 7 of Article 3 of the Act on the Management of Narcotics, Etc., by which the relevant Article of the Act on Criminal Facts and the Selection of Punishment are applied (the point of the purchase of marijuana);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the purchase of marijuana from March 10, 2018, with the largest

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (the total of 4,550,000 won for marijuana purchase);

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

1. Six months to twenty years from the date of imprisonment with prison labor in the scope of applicable sentences under law; and

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

(a) Basic crimes and concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (referring to decisions on types) due to the purchase of marijuana; and

Items c) and c.

Measures to mitigate, such as wood, etc. (special sporessor): for medication, simple possession, etc.

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