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(영문) 의정부지방법원 2017.11.09 2017고단3059
마약류관리에관한법률위반(대마)
Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 2016, the Defendant received marijuana from F, free of charge, and received it from F, within the F’s liquid e-car parked near E located in the Namyang-si, Namyang-si. D.

2. On October 1, 2016, the Defendant smoked marijuana in the manner of cutting off the JMW car of I, which was parked in the H posts located in G at the beginning of 19:00, in the early of 19:00, by inserting the strings of one of the types of tobacco, inserting the strings of the hemps into the strings, inserting the strings into the strings, and melting the smokes into the strings.

3. On December 18, 2016, at the Defendant’s residence located in Kuri-si around 12:00, the Defendant smoked marijuana in such a way as to make up one of the prompt-name hemp tobacco in the above manner and to inhale the smoke by attaching a fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. Copy of each protocol concerning the examination of suspect with regard to I;

1. Report on the results of preliminary tests for narcotics, and the application of the relevant Acts and subordinate statutes on narcotics;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 61 (1) 6 and 4 (1) 2 (b) of the Act on the Selection and Management of Narcotics, etc., and Articles 61 (1) 4 and 3 subparagraph 10 (a) (b) of the Act on the Control of Narcotics, etc., and the selection of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. under Additional Collection = 3,000 won (the marijujuries); and

The reason for sentencing (one-time smoking volume) x 2 times, and the accurate amount of the hemp plant received, but the amount of two times of smoking exceeds the amount of two smokings, and thus, the amount of two times of smoking shall be calculated as an additional amount)

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Two types of crimes of violation of the Act on the Control of Narcotics (a) (a determination of types) (a person in special sentencing) (a person in charge of sentencing), such as medication and simple possession of narcotics: self-denunciation;

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