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(영문) 서울남부지방법원 2016.12.07 2016고단3755
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not entitled to handle marijuana.

Nevertheless, at around 07:00 on July 4, 2016, the Defendant discovered and extracted marijuana from the F located in Guro-gu Seoul Metropolitan Government E, and then smoked from the Defendant’s home located in Guro-gu 111 B01 Dong-gu, Seoul to the point of view during the period from 18:00 to 19:00 on the same day, by inserting the leaves of the said marijuana in a way that the Defendant satisfyed the said marijuana with a smoke attached thereto.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of the drug reaction test;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

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

1. 8 months to one year and six months from the date of imprisonment for the scope of the recommended sentence on the sentencing guidelines.

Items e and e.

(i)the basic territory of the Republic of Korea]

2. A narcotics crime, such as the instant crime of which sentence is determined, is a very serious crime that destroys the family and society as well as the offender himself/herself, and causes another crime.

The defendant has been punished for the same crime, and even though he is under the suspension of the execution of imprisonment with prison labor for the same crime, he committed the crime of this case.

However, the punishment shall be determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant had been smoked simply once, that the error is recognized, that the defendant seems to have been put on probation in good faith except for the crime of this case during the period of probation, and that social ties between the defendant and the defendant are clear.

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