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(영문) 춘천지방법원 원주지원 2017.08.31 2017고단575

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2016, the Defendant: (a) taken and dried marijuana leaves from the river side near E elementary schools located in Haju-si; and (b) kept 5.05g g of the hemp plants, which were produced by dust, in the Defendant’s residence, and carried marijuana for the purpose of smoking. (c) kept 135.81gg of the hemp plants at the ridge between Gststren vehicles and the ridges; and (d) possessed marijuana for the purpose of smoking.

2. The Defendant smoked marijuana at around 23:00 on January 201, 201, in which, as indicated in the list of offenses in attached Form 1, the Defendant contained marijuana possessed by the said methods in tobacco at around 23:00, and smoked marijuana at least nine times from around that time to May 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The application of Acts and subordinate statutes to each investigation report (one, three, and eight times a year);

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (b) and 3 subparagraph 10 (including inclusive), Article 61 (1) 4 (a) and Article 61 (1) 4 (1) 10 of the Act on the Management of Narcotics, etc., and Selection of Imprisonment, respectively, concerning criminal facts;

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

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] Medication, simple possession, etc., and there is no person who has the basic area (from August to January 6) [the person who has been subject to special sentencing] [the decision of sentencing] of the basic area (from August to January 6] (the defendant has been subject to three times for the same kind of crime or criminal punishment. The defendant re-offending again even though he had the record of being subject to three times for the same crime.

However, the above criminal records have both criminal records for more than 10 years, and have no record of serving a sentence for other crimes, and both criminal records have taken place from the investigation stage to the investigation stage, and have been expected to reflect the depth of the detention for three months, taking into account the circumstances.