마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for nine months.
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.
Punishment of the crime
1. On October 1, 2016, the Defendant injected a pipe made of Aluminum 202 at the Defendant’s residence located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, containing approximately 0.5g of marijuana, and then inhaled a smoke generated with a fire.
2. On November 201, 2016, the Defendant injected 0.5g of marijuana into the pipe made of Aluminum head around the Defendant’s residence, and inhaled smoke generated by inserting a fire.
3. On December 1, 2016, the Defendant injected approximately 0.5g of marijuana into pipes made of Aluminum heading in the Defendant’s residence, and inhaled smoke generated with a fire.
4. On January 201, 2017, the Defendant injected approximately 0.5g of marijuana into the pipes made of Aluminum heading in the above Defendant’s residence and inhaled smoke generated by inserting a fire.
5. On February 14, 2017, at around 18:00, the Defendant injected 0.5g of marijuana into the pipes made of Aluminium finium finium in the residence of the Defendant located on the fourth floor of the building Nam-gu Incheon Metropolitan City.
Accordingly, the Defendant smoked 5 times marijuana.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol of the police with D (net 1);
1. A written appraisal of each drug;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Penalty for the Crime, Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment with prison labor;
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. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment / the mere possession, etc. of medication and simple possession, etc.] The basic area (8 months to 1 year and 6 months) of the Criminal Procedure Act (the decision of sentencing) [the decision of sentencing] unfavorable circumstances (the decision of suspension of indictment for the same kind of crime).