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(영문) 춘천지방법원 2019.10.29 2019고단284
절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

3,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. (mariju) in the Chuncheon District Court on November 24, 2016, and completed the execution of the sentence in the two prisons in the Gancheon District Court on November 3, 2017.

1. On July 15, 2018, at around 19:00 on July 15, 2018, the Defendant dried the marith of marijuana taken in the vicinity of Hongcheon-gun Dawon Hongcheon-gun Da, and smoked in such a way as to inhale the smoke by putting the smoke in the tobacco after deducting the tobacco plant from the tobacco plant.

2. At around 14:30 on July 17, 2018, the Defendant kept marijuana 62.79g collected in the street near the Hongcheon-gun of the Gangwon-do, and possessed it by inserting it in the drinking machine for smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, and photographs of seized articles;

1. 아큐샤인 시약검사결과, 마약감정서

1. Previous convictions in judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (date of release);

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana), Article 61 (1) 4 (b), and Article 3 subparagraph 10 (b) (the point of possessing marijuana for smoking), and Article 3 subparagraph 10 (b) (the point of possession of marijuana for smoking), and choice of imprisonment for a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. A person who is in the basic area (referring to August to June) of category II (referring to special mitigation) in the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: (a) the cooperation in important investigation; (b) the scope of final sentence due to the occurrence of identical criminal records and the aggravation of multiple criminal offenses; (c) August to February 2; and (d) the crimes related to narcotics are significant crimes that cause serious adverse effects on society as a whole, such as undermining public health as well as causing harm to public health or other crimes.

The defendant has the same power and is a repeated crime.

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