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(영문) 대전지방법원 천안지원 2017.02.02 2017고단62
마약류관리에관한법률위반(대마)
Text

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

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person shall smoke or take marijuana.

Nevertheless, at around 19:00 on November 26, 2016, the Defendant smoked marijuana in a way that she added approximately 0.07g of marijuana to a tobacco smoking shop adjacent to Asan-si, Asan-si. D, in a way that smokes by attaching it to a rater.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Response to a request for appraisal;

1. A statement on narcotics appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and imprisonment with prison labor;

1. On September 18, 2015, the Defendant for reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is a person who was sentenced to imprisonment for two years of suspension of execution, protection observation, community service 160 hours, 40 hours of pharmacologic treatment, etc. and was under suspension of execution as of August 12, 2016, and was sentenced to a violation of the Act on the Control of Narcotics, etc. in the astronomical Support of the Daejeon District Court on September 18, 2015.

The scope of recommendations on the sentencing criteria for smoking marijuana is basically the basic area of two types (e.g., marijuana, flad., e., and e., g.) including medication, simple possession, etc.

In the case of the defendant, the obligation to take lectures in social service and pharmacologic treatment of the above suspended execution judgment was faithfully performed, and smoking was detected while performing a climatic test with the consent of the protective observation officer.

A sentence that is lower than the sentencing guidelines shall be imposed in consideration of the circumstances of the criminal defendant who committed a second offense during the period of probation, the circumstances of such criminal defendant, and the fact that the criminal defendant cannot escape from detention for a long time when the above suspended sentence is invalidated.

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