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(영문) 수원지방법원 여주지원 2018.02.14 2017고단1135
마약류관리에관한법률위반(대마)
Text

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

6,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal record] The defendant is a person who has been sentenced to imprisonment for a violation of the Narcotics Control Act in the Dong branch of the Seoul District Court on June 29, 2000 and has been sentenced to imprisonment for ten months, the suspension of execution for two years, the violation of the Narcotics Control Act at the Seoul District Court on February 2, 2001, and eight months, the imprisonment for six months and ten months for a violation of the Narcotics Control Act at the Seoul District Court on October 18, 2002, and one year and two months for a violation of the Narcotics Control Act at the Seoul District Court on August 31, 2005 and was sentenced to imprisonment for a violation of the Narcotics Control Act at the Seoul District Court on August 31, 2005.

In addition, on June 18, 2015, the defendant was sentenced to two years of imprisonment with prison labor and three years of suspended execution on June 26, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) in the Credit Support of Suwon Friwon, which became final and conclusive on June 26, 2015.

[Criminal facts] On July 15, 2017, the Defendant received the portion of smoking (1/5 degree of tobacco smoking) twice at the building C and at its own house located under subparagraph 201, from D without compensation, on July 15, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Copies of a seizure record and a seizure list;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Application of Acts and subordinate statutes to copies of an appraisal report on narcotics;

1. Article 61 (1) 6 and Article 4 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (excluding imprisonment with prison labor);

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc., and there is no person [the person subject to special sentencing] in the basic area (from August to January 6) of the 2 types of crimes (math, ma., etc. [the sentence] [the decision of sentence] [the defendant has no record of being punished as a crime related to marijuana], and there is no record of being punished as a crime related to marijuana, and the defendant who has been punished several times, including favorable circumstances, such as the circumstance that the crime of this case was likely to have occurred upon D’s request, and the crime of this case was committed several times during the suspension period.

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