마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for not less than two months.
3,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional collection charge.
Punishment of the crime
On April 5, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on April 5, 2018 and the judgment became final and conclusive on April 13, 2018.
Defendant is not a narcotics handler.
1. On April 2017, the Defendant: (a) delivered marijuana, without compensation, to E, within D department stores located in Won-si, Seocheon-si, Seocheon-si; and (b) within the hotel rooms with no trade name.
2. The Defendant smoked the hemp in such a way as to inhale the hemp’s influencies by burning the influor’s influoral dose in the inhaled tool made by the head of the hemp at the time and place specified in paragraph (1) above.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;
1. A written appraisal of each drug;
1. A report on investigation (the results of an investigation and calculation of a surcharge);
1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of separate judgments and confirmation date of separate judgments) and application of the text of the judgment;
1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Management of Narcotics, Etc. concerning criminal facts, Articles 61 (1) 6 and 4 (1) 2 (the point of occupying the number of marijuana), and choice of imprisonment, respectively;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that not only the defendant smokes marijuana but also the defendant delivers it to a third party to allow the third party to smoke is the reason for sentencing that is not good to the defendant.
However, there is no record that the defendant is against himself, and there is no record of punishment for the same crime, smoking and receiving of marijuana of this case are committed once, and the circumstances after the crime is committed and the judgment becomes final and conclusive, and the relationship of concurrent crimes after Article 37 of the Criminal Code with the judgment of the group, which is equitable with the case where the above crimes have been adjudicated simultaneously, and other defendant's age, sexual conduct.