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(영문) 인천지방법원 2017.09.15 2017고단5039

마약류관리에관한법률위반(대마)

Text

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.

Reasons

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).