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(영문) 인천지방법원 2018.02.09 2017고단9238

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six 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

1. On August 2017, 2017, the Defendant posted the hemp in Malaysia “D” 28, 1703A studio in a smoking machine manufactured by the studio of the hemp in the 1703A studio, and smoked marijuana in a way of spreading the smoke generated by attaching the string with the string with the string with E.

2. On September 10, 2017, the Defendant: (a) put the hemp in the G hotelhouse G in F of Malaysia into a smoking machine with a glass bottle; (b) connected the pipe, and (c) smoked marijuana in a way of spreading the smoke generated by attaching the bub with E along with the bubage.

Accordingly, the Defendant, in collusion with E, smoked marijuana over two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Status of individual entry or departure;

1. Conspiracy to make a request for appraisal;

1. Investigation report (at least seven times a year, photographs of the hemp smoking place), investigation report (at least 12 times a year, and copies of the suspect examination report of accomplices E);

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

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, Etc., Article 3 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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. Application of the sentencing criteria;

(a) The number of self-denunciation in the mitigation area (six months to ten months) of the Class 2 (ma), including medication, simple possession, etc. (the scope of the recommended punishment), the mitigation area (six months from June to October) of the Class 1-2 (the scope of the recommended punishment);

(b) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and three months;

2. All the sentencing conditions revealed in the instant case, such as the fact that the sentence was committed in depth, the self-denunciation, the first offender, the degree of addiction to marijuana (the possibility of recidivism), age, sexual conduct, environment, motive and circumstance after the commission of the crime, etc. shall be comprehensively considered.