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(영문) 서울중앙지방법원 2017.08.24 2017고합599
마약류관리에관한법률위반(대마)등
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

Even if the Defendant is not a narcotics handler, he treated the nose and marijuana as follows:

1. On December 2015, the Defendant received 8 marijuana tobacco free of charge from F in front of the E frequency located in Incheon D around the lower order 22:00.

Accordingly, the defendant accepted marijuana.

2. On March 1, 2016, the Defendant: (a) around 18:00 on March 1, 2016, the Defendant: (b) posted a maW M3 rapid flue car of G driving, which was set up in the Gangseo-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, with a stringter, with a stringter; and (c) dice with G, F, and dice.

Accordingly, although the Defendant conspired with G and F stated that the facts charged are “joint,” it appears to be a clerical error in collusion.

Smoking marijuana.

3. On April 2016, the Defendant: (a) received approximately 1g of Cocar, who was in possession of F at the Cheongju-si H University parking lot from around 15:00 to around 16:00; and (b) delivered it to I free of charge.

Accordingly, the defendant accepted cocars.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officers in F, I, and G;

1. Each investigation report (list 21,30 of evidence);

1. Application of each of the statutes (list 23,27 of evidence);

1. Article 61(1)6, and Article 4(1)2 (a) of the former 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 Narcotics Control Act; Article 30 ( point of smoking marijuana, choice of imprisonment), Article 59(1)9, Article 4(1)1, and Article 2 subparag. 2 (d) of the Narcotics Control Act (the point of receipt of a cocoin) concerning criminal facts;

1. The extent of the sum of the punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes, as well as the long-term punishment for each of the crimes above, as stated in the crime of violation of the Act on the Control of Narcotics, etc. with the largest punishment;

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