마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for not more than ten months.
3,000 won shall be additionally collected from the defendant.
Of the facts charged in this case, April 2016.
Punishment of the crime
On November 4, 2016, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Narcotics Control Act (marijuana) at the Suwon Methods Institute, and the judgment becomes final and conclusive on November 12, 2016.
On August 24, 2017, the Defendant smoked in a non-fluoral way in Gangnam-gu Seoul or Seocho-gu in a non-fluoral manner.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Investigation report (the result of a test on a simple test of the spact against the person under investigation (the hemp training and the suspect’s speech and behavior);
1. A written appraisal of each drug;
1. A criminal investigation report (calculated of a surcharge) (the defendant is not specified in the facts charged;
The argument is asserted.
However, on August 24, 2017, the date and time of crime was specified as the date of crime and the place of crime was also located as the defendant's friendship B, Gangnam-gu Seoul and Seocho-gu stated that his house is Seocho-gu C at the time of this court.
The defendant recognized that marijuana ingredients were detected in the hair, and the defendant's office knew that marijuana ingredients were inhaled by tobacco in the above B's house.
It can be recognized that there is a change in facts, so it is reasonable to the extent that it does not infringe the defendant's right of defense.
Application of Statutes
1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Selection and Management of Narcotics, Etc. concerning the facts constituting an offense;
1. Crimes related to narcotics for the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be subject to strict punishment in light of their social harm.
In addition, even though the defendant is under suspension of execution for the same crime, he again committed the crime of this case.
However, the number of crimes was considered as one time.
In addition, in consideration of the following circumstances, the defendant's age, sex, environment, etc. and the conditions for sentencing specified in the argument of this case, punishment shall be imposed within the range of 10 months to 2 years.