마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for not less than eight months.
One pipe (No. 1) for smoking in the confiscated hemps shall be confiscated.
Punishment of the crime
On April 13, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Seoul Central District Court on April 13, 201, and completed the execution of the sentence on May 13, 2013.
No person shall smoke in marijuana.
1. On July 12, 2014, at around 06:00, the Defendant smoked marijuana in a way that she gets off a paper with approximately 1g of marijuana, along with the joint container, D, E, etc., on the part of the pool-gun, Incheon Spool-gun, Incheon, along with the joint container, D, E, etc. on the part of the Defendant.
2. On December 24, 2014, at around 23:50, the Defendant, at the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and 304, put approximately 0.3g of marijuana into a glass pipe, added a fire, and smoked marijuana in a way of spreading the smoke.
3. At around 03:00 on January 9, 2015, the Defendant: (a) placed approximately 0.3g of marijuana in a glass pipe; and (b) smoked by a smokeing method, with a smoke added thereto, at the Defendant’s residence above the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Part of the protocol of interrogation of the defendant by the prosecution as to the defendant
1. Records of seizure and the list of seizure (Evidence, No. 232-233);
1. Each request for appraisal;
1. Previous records: Criminal records, investigation reports (Attachment of judgments of the same kind of crime as a suspect), and application of Acts and subordinate statutes to the status of personal identification and confinement;
1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc., for the Prevention of Crimes and the Selection of Punishment, Etc. (Article 30 of the Criminal Act, and Selection of Imprisonment, for the Smoking of hemp on July 12, 2014)
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act not only has the same record of criminal punishment for the same crime but also the same.