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(영문) 의정부지방법원 고양지원 2017.07.07 2017고단1298

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 5, 2016, the Defendant, on December 5, 2016, smoked marijuana by inserting the franchis in the pipe for smoking at the office of “E” in which the height of Dow located in Gangnam-gu Seoul Metropolitan Government D, the seller, and attaching the f and G with the smoke generated with the strings.

2. On December 2016, 2016, the Defendant: (a) posted the mathn load in a pipe for smoking at the office of “E” as indicated in the foregoing paragraph 1; (b) smoked the hemp by inserting the smoke generated with the rab with the rab on a smoking pipe; and (c) flying it with the F and H in a math manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the prosecution against I, F, G, and H;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Application of Acts and subordinate statutes (arbits 45) of expert reports (arbits fry and evidence lists);

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

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 stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. The reason for sentencing of the punishment under the proviso of Article 67 (2) of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) [the scope of the punishment] and the mere possession, etc. (the period from August to June) of the basic area (the period from August 1) (the period from August 1 to June) (the special sentencing person] [the decision of the sentence] of the following circumstances and the defendant's age, sex, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc. are considered, and the sentence is determined as per the disposition.

- Unfavorable circumstances: Narcotics-related crimes are serious criminals with severe social harm and risk of recidivism, and the defendant was suspended from indictment at the Seoul Central District Public Prosecutor's Office on August 2015 as crimes of violation of the Narcotics Control Act (mariana).