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(영문) 수원지방법원 2016.09.20 2016고단4482
마약류관리에관한법률위반(대마)
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant received, smoked, or dump marijuana as follows:

1. On December 2, 2014, the Defendant accepted, on the road of the members of Ansan-si, the 14:00 U.S. on the date, one of the clothes stuffs containing approximately two grams of marijuana (including marijuana to the extent of half of the meats gys gyms symnas symnas symnas symnas symnas) from the Defendant.

2. On May 2015, the Defendant smoked marijuana in collusion with D and E by attaching two marijuana prepared in advance by the Defendant, together with D and E, in the trade name in an indoor-si loan operation of a member of Ansan-si, a member of Ansan-si, a 19:00, in collusion with D and E, in a way that: (a) two marijuana prepared by the Defendant, together with D and E, enter a singing room; and (b) enter the singing room; and (c) talks with each other;

3. On June 1, 2016, the Defendant possessed marijuana in a way that, after collecting 1 marijuana from the seaside mountain located near the Dong-gu, Ansan-si, the Defendant: (a) was in possession of marijuana in a way that, by dividing it into two parts, the species are divided into two parts, on the part of his residence, and stored, on the part of the 1string line, within the territory of the Dong-gu, Ansan-si; and (b) until July 16, 2016, the Defendant was in possession of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Application of seizure records, lists of seizure and Acts and subordinate statutes;

1. Article 61 (1) 6 of the Act on the Control of Narcotics, etc. and Articles 61 and 4 (1) (the receipt and delivery of marijuana, the possession of it, the choice of imprisonment), Article 61 (1) 4 (a) and Article 61 (1) 10 (the point of smoking marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc. concerning criminal facts;

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

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation) 27,000 won = the value of marijuana received in the judgment (i.e., 12,000 won in a water source area x 2g).

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