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(영문) 부산지방법원 서부지원 2017.08.31 2017고합62
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Purchasing marijuana;

A. On August 6, 2015, the Defendant paid KRW 500,000 to D on the street in front of the house of D located in Seongbuk-gu, Sungnam-si, Sungnam-si, and received approximately KRW 0.5g of the hemp plant and KRW 1g of the hemp plant at the time of the sea, and received additional issuance of KRW 0.5g of the hemp plant on August 6, 2015.

B. On October 2015, the Defendant paid KRW 100,000 to D in front of the house of the above D and received approximately one gram of the hemp plant from the Defendant.

2. Smoking marijuana;

A. On October 2015, 2015, the Defendant removed all tobacco smokes from the Defendant’s house of 301, 402, Jinnam-si, Sungnam-si, Sungnam-si, by inserting approximately 0.5gg of marijuana purchased as described in paragraph (1), and smoked by inserting it with a fire.

B. On November 2016, the Defendant smoked approximately 0.5g of marijuana purchased at the home of the above Defendant, as described in paragraph 1, in the same manner as described in paragraph 2(a).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

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

1. Books;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 subparagraph 7 of the Act on the Management of Narcotics, etc., and Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc., (the point of smoking marijuana and the selection of imprisonment with prison labor) concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes prescribed in 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. due to the Purchase of Cannabis around August 2015, with the largest penalty];

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. Protection and observation, community service and order to attend lectures 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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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