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(영문) 춘천지방법원 속초지원 2018.11.14 2018고단371

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not more than ten months.

3,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 31, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to a violation of the Narcotics Control Act at the Suwon, and completed the execution of the sentence at the original prison on November 20, 2016.

【Criminal facts shall not smoke or smoke marijuana, and no person other than the handler of narcotics shall possess or receive marijuana.

1. Nevertheless, around August 19, 2018, the Defendant received marijuana by cutting off the marith in B’s flod vehicle B’s flod, parked on the upper IC road located in the upstream-dong, Gangdong-gu, Seoul, Seoul, and receiving it.

2. Around 00:30 on August 20, 2018, the Defendant: (a) smoked marijuana by inserting the marith of marijuana in the building of Gangdong-gu Seoul; (b) the Defendant’s house located in the Defendant’s house in subparagraph E; and (c) inserting the marith of marijuana into the pen in the gate, making the marith day.

3. Around September 12:28, 2018, the Defendant possessed 0.235 grams at the house of the Gangdong-gu Seoul Metropolitan Government D building, the Defendant’s house located in E, and within the house located inside and outside of his residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the result of execution of a warrant of search and seizure, measurement of the capacity of marijuana, and confirmation of the price of cancer transactions);

1. A written appraisal, a written response with the State;

1. Each photograph;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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 criminal facts, Article 61 (1) 6 and Article 4 (1) 2 (the point of receiving and possessing marijuana) of the Act on the Control of Narcotics, etc., and Article 61 (1) 4 (1) 4 (a) and Article 3 of the Act on the Selection of Narcotics, etc., and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act that the Defendant recognized the instant crime, giving and receiving, smoking, and possessing the instant crime.