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(영문) 서울남부지방법원 2019.11.29 2019고단2676
마약류관리에관한법률위반(대마)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 17, 2017, Defendant A was sentenced to two years of suspended execution for one year for violation of the Act on the Control of Narcotics, Etc. (mariju) at the Busan District Court’s Branch Branch, Incheon District Court, and the judgment was finalized on November 25, 2017.

【Criminal Facts】

From around 11:00 on September 28, 2018 to around 10:30 on September 29, 2018, Defendants conspired to smoke marijuana on one occasion by inserting the marith of marijuana into the color pipe, attaching a flusium, attaching a flusium, and smoking it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Each internal investigation report, each investigation report, each seizure record, and each seizure list;

1. The application of Acts and subordinate statutes to photographs, each request for appraisal, each narcotics appraisal report, and each gene appraisal report;

1. The Defendants: Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation, community service or order to attend lectures: Article 62-2 of the Criminal Act;

1. Defendant A: The main sentence of Article 67 of the Narcotics Control Act;

1. The Defendants: The proviso of Article 67 of the Narcotics Control Act; and

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The defendant A has a record of being punished once for the same crime as the defendant, and committed again during the suspended execution period. Meanwhile, the defendant shows an attitude that the defendant too late in this court to reflect his mistake, and the defendant again does not commit the same crime, and the sentencing factors specified in the arguments of this case, such as the defendant's age, character and conduct, family environment, circumstances of the crime, and circumstances after the crime, shall be determined by taking into consideration the sentencing factors indicated in the arguments of this case.

2. The defendant B shows his attitude to reflect his wrong in this court at the latest.

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