beta
(영문) 대구지방법원 2017.03.16 2016고단5197

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

Defendant is not a narcotics handler.

1. Smoking marijuana;

A. On January 30, 2016, the Defendant smoked in a way of cutting off the tobacco smoke of a tobacco dog and inserting a smoke with a fire in a way of smoking.

B. On April 18, 2016, the Defendant smoked on the side of the road in the vicinity of the entrance of the Gandong-gun, Gandong-gun, Gandong-gun, by cutting off the tobacco smoke of a tobacco dog, inserting a smoke of the smoke of the tobacco dog into the hemp, and attaching a fire to the smoke.

2. On April 19, 2016, the Defendant possessed marijuana for the purpose of smoking in a way of saving and storing approximately 1.23g of marijuana at the E office operated by the Defendant, which is located in the building D (119) of the Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, Gyeongbuk-si, and approximately 1.23g of marijuana on paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the general list of seized articles;

1. Seized articles, photographs of seized pages, and photographs of the place of collection of marijuana;

1. Written appraisal, response to the appraisal, green leaves, seeds, appraisal reports on green plant drugs, modified narcotics appraisal reports, and maternity narcotics appraisal reports;

1. Reporting on investigation (calculated and reporting on an additional collection charge) shall apply to statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense, and Article 61 (1) 4 (b) and subparagraph 10 (b) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana) of the same Act concerning the selection of a punishment;

possession), each choice of imprisonment

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. An order to attend a course under Article 62-2 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines – the crimes of Category 1, 2, and 3 [the scope of the recommended punishment] are subject to the aggravation of multiple offenses for which there are no basic areas ( August to one year and six months) (the person who is subject to special sentencing) in the basic area of the two types (math (math (math, d., d. and e.).