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(영문) 인천지방법원 2018.11.22 2018고단7063

마약류관리에관한법률위반(대마)

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants treated marijuana as follows, although they are not the narcotics handlers:

1. On May 12, 2018, Defendant A discovered wild marijuana in the vicinity of the Yacheon-si, at around 22:00, the Defendant carried it in a way that he stored it in the main machine for smoking for the purpose of smoking after collecting the maribs in the form of marijuana.

2. From May 13, 2018, the Defendants conspired to smoke marijuana by making the hemp leaves collected by Defendant A in his/her hand at the vicinity of the Incheon Yeonsu-gu Incheon Police Station E Public Security Center located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, made it possible for the Defendants to use the hemp leaves collected by Defendant A in his/her hand, putting them into a tobacco smoke, putting them into a tobacco smoke, putting them into a a aromer, cutting it into a balter, making it possible for the Defendants to smoke in collusion.

Summary of Evidence

1. Defendants’ respective legal statements

1. A narcotics appraisal statement (No. 3 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 61(1)4(a) and 3 subparag. 10(a) of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply); Article 30 of the Criminal Act (a) of the Criminal Act; Article 61(1)4(b) and Article 61(1)4(b) of the former Narcotics Control Act; Article 3 subparag. 10(b) of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply); and each decision of imprisonment.

B. Defendant B: Articles 61(1)4(a) and 3 subparag. 10(a) of the former Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act; Articles 61(1)4(a) and 3 subparag. 10(a

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants who observe protection and attend lectures: Article 62-2 of the Criminal Act;

1. The Defendants: the proviso of Article 67 of the Narcotics Control Act; and

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Defendant A- 1 and 2 (the scope of recommendations) medication and simple possession.