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(영문) 인천지방법원 부천지원 2017.06.09 2017고합76
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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 March 4, 2017, the Defendant sold a large amount of marijuana to D (E) for KRW 200,000,000 at the Defendant’s accommodation located in U.S. Dong-gu, U.S. (hereinafter “U.S.”) at the Defendant’s accommodation in U.S.-dong, U.S. (E).

2. On March 2017, the Defendant, at the places indicated in paragraph 1, 2017, placed in food and drink marijuana and taken in by drinking it.

3. On March 30, 2017, the Defendant kept the places indicated in paragraph (1) around around March 30, 2017, by inserting 16.83g of marijuana in the restaurant receipt book.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each protocol concerning the prosecution or police investigation of D;

1. Each request for appraisal, each copy of a reply to the request for appraisal, and each copy of the narcotics appraisal report, each reply to the request for appraisal, and each appraisal report;

1. Court rulings;

1. A protocol of seizure and a list of seizure;

1. Application of the existing Acts and subordinate statutes governing marijuana leaves 16.40g (Evidence No. 3) in the seized end;

1. Article 59 (1) 7, Article 3 subparag. 7 (the point of trade in marijuana), Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of trade in marijuana and the selection of imprisonment), Article 61 (1) 6 and Article 4 (1) 2 (the point of trade in marijuana) of the Act on the Control of Narcotics, Etc. concerning criminal facts;

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 [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the concurrent crimes concerning the violation of the Narcotics Control Act due to the trade in marijuana as stated in the largest sentence];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

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

1. Grounds for the calculation of additional collection charges under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: The public prosecutor of the 200,000 won of the sales proceeds of marijuana under paragraph (1) of the criminal facts as indicated in the judgment shall also collect 3,00 won of the value of marijuana provided for in the judgment of the court below.

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