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(영문) 창원지방법원 진주지원 2015.10.27 2015고단808

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2015, the Defendant: (a) around 19:00, at the Defendant’s home located in Jinju-si B and 401, smoked by inserting about 0.3g of marijuana on that home, inserting 0.3g of the smoke; and (b) attaching the smoke to it.

2. The Defendant is not a person handling narcotics.

On June 1, 2015, at around 13:25, the Defendant kept approximately 2.51g of marijuana in the possession of the Defendant, who was parked in the front parking lot of the Defendant’s house at the front of the Defendant’s house, by keeping approximately 2.51g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each appraisal report and each narcotics appraisal report;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the report on the calculation of seized articles and additional collection charges;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (the smoking of marijuana and the choice of imprisonment), Article 61 (1) 6, and Article 4 (1) of the Narcotics Control Act on the Control of Narcotics, etc. (the occupation of marijuana possession and the choice of imprisonment) of the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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

(a) Assistance in the important investigation into the mitigation area (6-10 months to 6-10 months) (special mitigation area) of Type 2 (ma), such as marijuana, natives, items (d) and (e)), such as medication, simple possession, etc.;

(b) Assistance in important investigation into the mitigation area (6 to 10 months) (6 to 10 months), the mitigation area (6 to 10 months), the mitigation area of Type 2 (ma), such as marijuana, psychotropic administration, simple possession, etc.) of the second crime (the scope of recommendation);

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to one year and three months;

2. The fact that the accused has been punished for committing a crime related to narcotics, etc., and the same narcotics crime is committed due to its toxicity, etc.