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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단491

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

[Criminal record] On October 20, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. by the District Court of Jung-gu on December 20, 2015 and completed the execution of the sentence on December 12, 2015.

[Criminal facts]

1. Notwithstanding the fact that the Defendant is not a handler of narcotics, he received approximately 4.39g of marijuana from E without compensation at the “D” coffee shop located in C at the time of the so-called subscoping of the lower end of January 2016.

2. On February 2, 2016, the Defendant smoked the hemp in the G Spepe vehicle parked near the F in the beginning of the first century on February 2016, and even if no one smokes the hemp, he/she added approximately 0.5g to the hemp pipe made up of the gambling site, and attaching the speak, thereby smoking it.

3. On February 27, 2016, the Defendant smoked about 0.5g of marijuana in the Defendant’s residence located in F in the Republic of Korea on February 27, 2016, even if no person smokes marijuana.

4. Notwithstanding that the Defendant is not a narcotics handler, around March 2, 2016, around 22:00, around the Defendant’s residence, the Defendant carried marijuana by inserting approximately 3.39g of marijuana, which is stored in the Defendant’s diving machine, in a gambling place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each return, each narcotics appraisal report, and each request for appraisal;

1. A total list of seized articles and a report on seizure;

1. A report on investigation, a report on investigation (calculated additionally), and a monthly trend of narcotics;

1. Previous convictions in judgment: References to inquiries, investigation reports (verification of the date of release), application of Acts and subordinate statutes on personal identification and acceptance status;

1. Article 61 (1) 6, Article 61 (1) 4, and Article 61 (1) 2 (the number of marijuana and the point of possession), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Management of confiscated narcotics;