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(영문) 수원지방법원 성남지원 2017.08.16 2017고단1380
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

24,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On November 2015, the Defendant possessed marijuana for the purpose of smoking, with a large amount of marijuana drawn from F in the street near the city of Gangnam-gu Seoul, Gangnam-gu.

2. On November 2015, the Defendant smoked marijuana in the same manner eight times in total, from that time until February 2016, as indicated in the list of crimes in attached Table 2016, in the following side of the Defendant’s “H” operated by the Defendant in Sungnam-si G, by removing tobacco dust in tobacco, inserting in that part of the tobacco, inserting in a smoke, and then smoking marijuana in a way that smokes in a way that smokes are cut off, putting in a smoke, and attaching a smoke, i.e., a smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a investigation report (survey of the market price of narcotics and calculation of additional collection charges);

1. Article 61 (1) 4 (a) and Article 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 Article 61 (1) 4 (b) and (a), Article 3 subparagraph 10 (b) and (a) (the point of possessing marijuana for the purpose of smoking) of the Act on the Control of Narcotics, etc.;

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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] : (a) there is no person in charge of the basic area (from August to January 6) of the two types (ma) (including marijuana, ma. d., e., and e.), including medication and simple possession : [the sentence] ; (b) there is a need to severely punish the crimes related to narcotics as not only avoiding the body and mind of an individual due to their halluity, toxicity, etc., but also high risk of undermining the health and social safety of the people; and (c) each of the crimes of this case is that the defendant smokes marijuana over eight times, and not only the defendant was punished for the suspension of the execution of the execution of the two kinds of crimes; and (d) there was a history of punishment for the same kind of crimes.

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