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(영문) 인천지방법원 2014.10.29 2014고단6022
마약류관리에관한법률위반(대마)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around 02:00 on February 13, 2014, the Defendant: (a) issued each marijuana smoking amount to D, E, and F, each of which was known to ordinary people, at the main points of “C” located in Nam-gu Incheon Metropolitan City, Nam-gu B.

2. The Defendant smoked marijuana in such a way as to put about about one smoke at a time and at the above main toilet, in pipes, and in inhale the smoke by putting the smoke into a pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against D, E, or F;

1. Response to the request for appraisal;

1. Application of investigation report (calculated with a surcharge for marijuana) Acts and subordinate statutes;

1. Article 61 (1) 6 of the relevant Act on Criminal Facts, Articles 61 (1) 6 and 4 (1) of the Act on the Selection of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 (10) 10 of the Narcotics Control Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic crime: Acceptance and delivery (determination of types) of marijuana, including sales, arrangement, etc.;

Items c) and c.

Title, etc. (Scope of Recommendation) 1 year to 2 years (Basic Area)

(b) Concurrent crimes: Smoking marijuana (determination of types): Medition of narcotics, simple possession, etc.;

Items e and e.

Title, etc. [Scope of Recommendation] From August to June (Basic Area)

2. Scope of advisory punishments revised according to the standards for handling multiple crimes: From one year to two years [the lower limit of the basic crime shall be one year, and the upper limit shall be two years, which is the upper limit of the scope of sentence of the basic crime, plus nine months, which is 1/2 of the upper limit of the scope of sentence of the concurrent crime]; and

3. The criminal defendant's liability is not minor in light of the fact that there is a significant social harm caused by the toxicity of narcotics determined to be sentenced;

However, the defendant's mistake is recognized and against the defendant, and the same kind of situation.

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