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(영문) 수원지방법원 성남지원 2018.05.23 2017고단3426

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than five months.

6,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Chuncheon District Court on September 23, 2016, and the said judgment was finalized on December 14, 2017, and is not treated as narcotics.

1. On March 2017, the Defendant kept in custody of marijuana: (a) at the heading room 109, the Defendant’s residence located in Sungnam-si, Ma-si, Ma-si, Sungnam-si; (b) at the heading room, the Defendant found and stored in the heading room of the Gu-Si, the Defendant’s residence, which is the Defendant’s dwelling in Sungnam-si, Ma-do; (c) the Defendant found non-fluoral marijuana

2. On April 1, 2017, the Defendant received marijuana: (a) around 19:00, at the heading room 109 of the above heading room; and (b) at around 109, at the ending to E, the marijuana corresponding to the two kinds of paper cupped games, without any consideration to E.

3. Smoking marijuana;

A. On April 1, 2017, the Defendant smoked as smoking tobacco by inserting marijuana equivalent to a half of one cigarette in the cigarette opening, putting it in the studio, around early 19:00, at the top of the above studio.

B. At around 21:00 the day following the date and time of the above paragraph (a), the Defendant smoked, as if he smoked, marijuana corresponding to one half of the cigarette in the tobacco dog, and with a string with a string machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A written appraisal of each drug;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in the judgment: Application of each of the Acts and subordinate statutes of one copy of investigation report (report attached to the judgment), printing out inquiries into the consolidated prosecution case, and the text of the judgment (the first instance court and appellate court);

1. Articles 61(1)4 (a) and 3 subparag. 10 (a) (the smoking point of marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Management of Narcotics, Etc., Articles 61(1)6 and 4(1)2 (the point of storage and receipt of marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act has already been two times.