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(영문) 수원지방법원 평택지원 2016.05.26 2016고단582

마약류관리에관한법률위반(대마)

Text

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

6,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 16, 2016, at around 22:00, the Defendant smoked marijuana in a manner of gathering tobacco from D’s neighboring parks located in the Steel-gun, Gangwon-do, and collecting for a portion once in the hemp plant and inhaleing smoke with a fire.

2. Around 19:00 on February 10, 2016, the Defendant smoked marijuana in such a way as to cover tobacco in the G white NF rocketing car parked in the F Park located in Pyeongtaek-si E, and collect for once marijuana and inhale it with fire.

Accordingly, the Defendant smoked marijuana over two occasions as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on the photograph and information of the source of narcotics, telephone call details, and narcotics appraisal report;

1. Selection of a punishment for a crime under Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act and the selection of a punishment 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] : (a) the basic area ( August to January 6) of the two types (the scope of marijuana, the flag, the d., the d.e., the d. the d. the d. the d.) (the d.e. the d. the d. the d. the d.) of the Act on the Control of Narcotics, Etc. has no person who has been sentenced to a special sentencing] [the sentence] / The Defendant again committed the instant crime after being sentenced to a suspended sentence

In addition, the defendant tried to conceal the crime, such as taking a conspiracy after the crime, and denied the crime until the result of the narcotics appraisal.

The sentence shall be determined by taking into consideration the circumstances such as the fact that the defendant repents the crime and the fact that there is an old parent who is not good health.