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(영문) 부산지방법원 서부지원 2017.08.31 2017고합56
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. On December 11, 2013, the Defendant purchased and sold 360,000 won from D on the street in front of the house of D located in Seongbuk-gu, Sungnam-si, Sungnam-si, and purchased and sold 3 grams of marijuana from around October 13, 2016, from that time until October 13, 2016, the Defendant purchased and sold 134 grams of marijuana equivalent to 14,760,000 won in total, as indicated in the list of crimes in the attached Table, from D.

2. Smoking marijuana;

A. On September 22, 2016, the Defendant removed the tobacco plant from the Defendant’s house of 606, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, from the Defendant’s house, and smoked in the manner of gathering and inserting the marith of marijuana purchased, as described in paragraph 1, into the inner part, and melting the smoke.

B. On December 2016, 2016, the Defendant smoked marijuana in the same manner as the entries in paragraph 2(a) from the Defendant’s house at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of each prosecution against D, F, or G;

1. Books and account transactions;

1. Application of Acts and subordinate statutes on narcotics 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. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed by adding concurrent crimes to concurrent crimes prescribed for the crimes of violation of the Act on the Control of Narcotics, etc. due to Purchase of Cannabis 31 times from the sight table of the most severe offense];

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 proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

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

1. The scope of applicable sentences by law: Imprisonment for one year to 45 years; and

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

(a)the purchase of each marijuana;

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