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(영문) 수원지방법원 2017.01.13 2016고합694
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may sell, sell, or smoke the hemp plant, but the Defendant purchased and smokeed the hemp plant as follows:

1. On November 2015, 2015, the Defendant purchased the hemp plant 300,000 won in cash to E within the Defendant’s BMW car parked on a road near the D hotel located in Gangnam-gu Seoul Metropolitan City, and 2gg of the hemp plant at the night.

2. On November 2016, the Defendant, at night, smoked in the hemp plant: (a) at G offices located in G offices located in the f. 2608 of the Mannam-si Section F. 2608; (b) within the said time period, the Defendant deducteds tobacco leaves contained in general tobacco; and (c) within the hemp plant, f.e., f., f., f., f., f., f.s., f., f., f., f.s.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each prosecutor's statement protocol concerning E;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Application of Acts and subordinate statutes concerning the prices of marijuana trade and the calculation of additional collection charges;

1. Article 59(1)7 and Article 3 subparag. 9(1)9 (the purchase of marijuana) of the Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016); Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment with prison labor) 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 made within the scope of the sum of the length of two crimes as provided for in the crime of violation of the Narcotics Control Act due to the purchase of marijuana with heavy punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing in favor of the defendant);

1. Protective observation, order to provide community service and attend lectures, the main sentence of Article 62-2(1) and (2) of the Criminal Act, and the main sentence of Article 59(1) of the Act on the Protection, Observation, etc.

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