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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 23, 2014, the Defendant issued KRW 300,000 in cash to D at the house of Suwon-si Ciona 1405 (Cpha 1405) and purchased marijuana with approximately 3g of hemp.
2. At around 23:00 in February 2014, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in tobacco in the Defendant’s house located in Young-gu E 826, Suwon-si, Suwon-si, and attaching a fire to it.
3. At around April 2014, the Defendant smoked approximately 0.5g of marijuana in the above-mentioned manner at the home of the above Defendant at around 23:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police suspect interrogation protocol regarding D;
1. Application of each statute of appraisal;
1. Article 59 (1) 7, subparagraph 9 of Article 3, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Article 3 of the Act on the Management of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment, respectively);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. One year to 40 years of imprisonment with prison labor for a prison labor within the scope of punishment by law; and
2. Application of the sentencing criteria;
(a) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to the sale and purchase of marijuana, etc. (referring to marijuana) and trade assistance, etc.;
Items c) and c.
[Determination of the recommended territory] Basic Area (Scope of Recommendation] Imprisonment with prison labor for one year to two years
(b) Crimes of violation (determination of types) of the Act on the Control of Narcotics, etc. (referring to the determination of types) due to the inhalement of marijuana, and the medication, simple possession, etc.;
Items e and e.
Sub-paragraph (Determination of Recommendation Area) Basic Field [Scope of Recommendation] Imprisonment from August to June 1st.
(c) From one year to three years, imprisonment with prison labor for multiple crimes;
3. The crime of this case committed in Korea by the defendant who is a constituent of U.S. nationality.