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(영문) 대전지방법원 2017.06.14 2017고합111

마약류관리에관한법률위반(대마)

Text

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

Reasons

Punishment of the crime

[Criminal history] On January 15, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (competence) at the Daejeon District Court, and completed the execution of the said sentence on January 28, 2016 at the Daejeon Prison.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, on May 18, 2016, transferred KRW 540,000 to AS from the old world near the AR High School located in Gangnam-gu Seoul, Seoul, to the account, and traded approximately 1.5g of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (information acquisition and investigation reports, measurement of the weight of seized articles, attachment of photographs, judgment on accomplice AS, initial number of suspects, and confirmation of the details of cooperation in investigation);

1. Notification of seizure records and results of legal and chemical appraisal;

1. Court rulings on accomplice AS;

1. Previous convictions in judgment: Application of the current status of confinement of suspects and the results of inquiry;

1. Article 59 (1) 7 and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. The scope of applicable sentences under law: Imprisonment for six months to twenty-five years; and

2. The scope of the recommended sentence on the sentencing guidelines [the types of decisions] the scope of the recommended sentence [the scope of the sentence on the sentencing guidelines] shall be 6 months to 1 year and 6 months (the minimum limit of the recommended sentence is lower than the minimum limit of the applicable sentencing under the law, and thus, the lower limit of the applicable sentencing under the law shall apply to the applicable sentencing range]. The mitigated factors : the purchase, self-denunciation for the medication, simple possession, etc. of drugs: the purchase, the number of persons subject to suspended execution within 3 years): the same criminal records (the period of a suspended execution within 3 years): the area of the special mitigation [the scope of the recommended sentence] : the imprisonment of 4 months to 1 year and 6 months (the scope of the corrected recommended sentence].

3. The Defendant was voluntarily present at the investigative agency and led to the confession of the instant crime.