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(영문) 서울중앙지방법원 2016.04.28 2016고단938
마약류관리에관한법률위반(대마)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Seized evidence as referred to in subparagraphs 1 through 4 shall be confiscated;

530,000.

Reasons

Punishment of the crime

[criminal history] On June 19, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act (mariju) at the Jeonju District Court, and completed the execution of the sentence on January 6, 2015.

[Criminal facts] Even if the Defendant is not a narcotics handler, he treated the hemp as follows.

1. On January 2016, the Defendant, at the D parking lot near the Defendant’s residence located in A, Dong C, 201, deducted tobacco belonging, collected approximately 0.5g of marijuana for once smoking, added a fire, and smoked marijuana by drinking the smoke.

2. On January 23, 2016, the Defendant received marijuana by delivering approximately 4.3g of marijuana to G passenger cars parked in the F Parking lot located in Boan-si, Boan-si, and by free delivering approximately 4.3g of marijuana to G.

3. On February 19, 2016, the Defendant, at the above D parking lot, deducteds the finite of tobacco, putting the finite of tobacco into the said parking lot, 0.5g for smoking once marijuana, puts the finite, added a fire, and smoked marijuana by drinking the smoke.

4. On February 25, 2016, the Defendant kept approximately 9.2 grams under the clothes of the above Defendant’s dwelling plan, and kept marijuana in plastic box.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of legal and chemical appraisal and each appraisal report;

1. Each investigation report (the sequence 23,26,33 in the list of evidence) and accompanying documents;

1. Each of the pending events referred to in subparagraphs 1 through 4 of seized evidence;

1. Records of crime: Inquiry into criminal history and investigation records, and application of Acts and subordinate statutes on personal identification and acceptance status;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense, and Articles 61 (1) 6 and 4 (1) 2 (the point of receiving and keeping marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;

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