마약류관리에관한법률위반(대마)
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.
Punishment of the crime
Defendant is not a narcotics handler.
1. On February 2, 2018, the Defendant received marijuana and received marijuana from C at the house of the House of the Government of Doro B 11:00, by taking the fluoral volume of marijuana from C without compensation, from the Government of Doro B 101.
At around 21:00 on the same day, the Defendant: (a) parked on the street near the E in order to smoke marijuana one time in a way of smoking, putting in a pipe of tobacco manufactured by stuffing paper, among marijuana received in and received in the instant line; and (b) by attaching a fire.
2. On February 2, 2018, the Defendant smokeed once in the above manner, among marijuana received, as described in paragraph 1, in the vicinity of G reservoir located in F at the time of the Government of Gyeong-si around 15:0 to 16:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of protocol concerning the examination of suspect C by the police; and
1. Application of Acts and subordinate statutes to a response to a request for appraisal;
1. Relevant legal provisions of the Act on the Control of Narcotics, etc., and Articles 61 (1) 4, 3 subparagraph 10 (a) (e.g. marijuana smoking) of the Act on the Control of Narcotics, etc., and Articles 61 (1) 6 and 4 (1) 2 (b) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence;
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. Article 62-2 of the Criminal Act on the observation of protection;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes in violation of the Act on the Control of Narcotics, Etc. due to Smoking [Determination of Types] 2 (Determination of Types), including medication, simple possession, etc. of narcotics / [Determination of the area of recommendation] basic area / [Scope of recommended punishment] 8 months to 1 year and 6 months;
(b) Type 1 (Hic substances, perfume d. item, etc.) (special sentencing factors): Medication and simple possession of narcotics, such as trading, arranging, etc. of narcotics.