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(영문) 의정부지방법원 2017.09.20 2017고단3202

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2014, the Defendant, along with D, E, F, and G, smoked marijuana in a F-car parked in H in Pyeongtaek-gun of D, D, E, F, and H on October 7, 2014, by reducing two cigarettes, inserting approximately 0.3g of hemp, inserting approximately two 0.3g of hemps, making two prompts of hemp tobacco into the hemp plant, attaching a fire, and making a smoked in the way of spreading it.

2. On October 2016, the Defendant smoked marijuana in the following parts of the K building located in the GJ of Gyeonggi-gun, Gyeonggi-do around 17:00, in which: (a) the Defendant deducteds tobacco from it; and (b) put about approximately 0.3g of hemp in it; and (c) added a fire to it, thereby flying it.

3. On January 1, 2017, the Defendant, along with E and D, smoked marijuana in a way that, within the E LA6 passenger car parkeded in H in Pyeongtaek-gun of the Gabling games, the Defendant deducteds tobacco from it, put about approximately 0.8g of the hemp plant, added a fire, put it back, and smokeed.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in G;

1. A written appraisal of each drug;

1. A copy of each judgment;

1. Application of Acts and subordinate statutes on reporting the market price;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Facts, and Article 61 (1) 4 and Article 61 (1) 10 (a) of the Act on the Management of Narcotics, Etc. for the Selection of Punishment, etc., Article 30 of the Criminal Act (the smoking of marijuana under Articles 1.1, 3.), Article 61 (1) 4 (a) and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a)

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Basic area (referring to imprisonment with prison labor for not less than eight months nor more than one year and six months) for the crimes of violation of the Act on the Control of Narcotics, Etc. (the scope of punishment on recommendation), such as medication, simple possession, etc.;

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of eight months to two years;

3. Sentence;