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(영문) 부산지방법원 서부지원 2018.10.05 2018고단1096

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 20, 2017, the Defendant committed the crime: (a) around the D University located in Busan High-gu C around July 20, 2017; (b) issued the name to the same Defendant-friendly E (F birth) for about 0.5 grams for smoking once marijuana to the same Defendant-friendly E (F birth); and (c) smoked in the way of smoking with a smoking cigarette of about 0.5g for smoking once for marijuana, after wrapping at the paper.

2. The Defendant smoked in an unsound place between January 9, 2018 and January 18, 2018 in an irregular manner between January 9, 2018 and January 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect regarding E (F birth);

1. Notification of response to a request for appraisal and of the results of legal and chemical appraisal;

1. Each investigation report (related to calculation of additional collection charges and monthly trends of narcotics);

1. Application of each statute on photographs;

1. Articles 61 (1) 4 (a) and 6, subparagraph 10 (a) and Article 3 subparagraph 10 (1) 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, the selection of a sentence to 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 stay of execution (see, e.g., favorable circumstances, etc., for the following reasons);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the basic area (from August to January 6) (no person subject to special sentencing] in the basic area (from August to January 6) of the types of two types (ma), including marijuana, native d., item (e) and item (e)), medication, simple possession, etc.;

2. The Defendant’s decision on the sentence leads to a confession of the crime of latema and reflects his depth in the crime of this case (the second-time smoking of marijuana and the first-time acceptance of marijuana), the circumstances leading to the crime of this case (the second-time smoking of marijuana), there was no previous conviction, and there was no other punishment except twice for the previous 30 years, and there was no other punishment, such as the circumstances after the crime, the age of the Defendant, sexual behavior, environment, family relationship, and social ties.