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(영문) 수원지방법원 안양지원 2016.05.10 2016고단288
마약류관리에관한법률위반(향정)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

1. On May 2015, the Defendant purchased 100,000 won and approximately 0.05 grams of hemps and 1ggs of hemps, which were purchased from the ctel gate room in Seocho-gu Seoul Metropolitan Government (hereinafter “ctel gramphones”) around 100,000 to D, while purchasing approximately 0.05 grams of hemps.

2. On the above day, the Defendant smoked by inserting one gram of the hemp plant purchased from D in tobacco in the instant officetel on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecution with respect to D and E;

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of purchase of scopon), Article 61 (1) 6, and Article 4 (1) 2 (the point of purchase of scopon) of the Narcotics Control Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between a violation of the Narcotics Control Act and a violation of the Narcotics Control Act due to the purchase of marijuana);

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of the punishment on the sentencing guidelines] The grounds for the sentencing of Article 334(1) of the Act on the Control of Narcotics, Etc. (the scope of the punishment on the sentencing guidelines) - The mitigation area (from August to January 1, 200) - The special mitigated person: the crime of violation of the Act on the Control of Narcotics, etc. due to the purchase of, or the receipt of, the delivery for, the mere possession of marijuana (math, etc.) - the basic area (from August to January 6), the basic area (from August, 200), the basic area (from January 6, 200) of the Act on the Control of Narcotics, etc. - No special sentencing person:

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