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(영문) 서울중앙지방법원 2016.06.02 2016고단2185

마약류관리에관한법률위반(대마)

Text

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

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

Nevertheless, on September 1, 2015, the Defendant smoked in the manner of smoking tobacco by deducting approximately 0.5g of smoking for marijuana for the first time from the D Art located in the Dong-gu, Young-gu, Sinsan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of the results of an appraisal of the hair and conspiracy, the presumed timing for the inhalement of marijuana, and the sign language of an appraiser);

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] basic area (from August to January 6): favorable circumstances: The defendant is aware of the crime and reflects it.

There is a record that the defendant was sentenced to two times of suspended execution for the same crime even after 2000.

According to the results of the maternity appraisal, the defendant seems to have habitually smokeed marijuana.

In addition, in consideration of the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances that form the conditions for sentencing as shown in the argument of this case, the sentence like the order shall be imposed.