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(영문) 서울북부지방법원 2016.09.02 2016고단3037
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and B, in collusion, commit the smoking of marijuana:

(a) around 04:00 on May 15, 2015, in the inner part of the tobacco opening cost, which was partially removed from the tobacco opening cost operated by B parked on the street in front of the West-gu, Western-si, west-gu, west-gu, west-gu, west-up, 0.3g of marijuana, put a fire into the inner part of the tobacco opening cost, inhaled the smoke;

B. On November 18, 2015, around 01:50, marijuana was smoked in the same way within the rocketing vehicle parked in the “F tourist hotel” parking lot located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu.

2. The criminal defendant who received marijuana shall be set forth in Article 1-2;

At the same time and place as referred to in paragraph B, he received approximately 5g of marijuana from the above B without compensation, and accepted it.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the report requested for appraisal;

1. Application of Acts and subordinate statutes to a copy of investigation report (report attached to a judgment);

1. Relevant legal provisions of the facts constituting an offense, and Articles 61 (1) 4 (a) and 33 subparagraph 10 of the Act on the Selection of Narcotics, Etc., Article 30 of the Criminal Act, Articles 61 (1) 6 and 4 (1) of the Narcotics Control Act, and imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 62-2 (1) of the Criminal Act concerning probation or order to attend a course;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount of KRW 600,000 = KRW 100,000 [the amount related to the crime of Article 1 of the Act on the Control of Narcotics, Etc. (=the amount of KRW 50,000 per smoking price per marijuana x twice)] 50,000 won related to the crime of Article 2 of the Act as indicated in the judgment (the average retail price of Seoul as of May 1g 2016 x

1. A person who has been sentenced to special sentencing guidelines between June and June 10 through June 2 from June 10 to June 2 based on the basis of the classification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The recommended sentence in which no corresponding person is applicable: The basic area (from August to January 1): the sentence of mitigation (no penalty force exists): the sentence of imprisonment for 8 months: 2 years of suspended sentence of imprisonment for 8/2 years; probation, or order to attend a lecture for 80 hours: a person who has been sentenced to imprisonment for 8 months or suspended sentence of imprisonment for 8 months; a person who has been under probation, or order to attend a lecture for 80 hours.

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