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(영문) 의정부지방법원 2018.11.09 2018고단3310
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 26, 2018, the Defendant: (a) smoked marijuana once in the office at the site of the construction site of the C Apartment at the time of the Gu Government-Si (Seoul apartment) around 19:00 on February 26, 2018; and (b) in the manner of smoking by attaching the flaco to tobacco paper with the flaco.

2. On April 9, 2018, the Defendant, at around 19:00 around April 19, 2018, smoked by the same method at the places indicated in paragraph 1, and smoked once in the same manner, at around 21:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. The application of Acts and subordinate statutes to the revolving the results of appraisal and the results of appraisal;

1. Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime, each of which constitutes a 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Each smoking (decision of type), drug crimes, medication, simple possession, etc., and two types of smoking (the scope of recommended punishment) shall be punished by imprisonment with prison labor for up to eight months from one year and six months (the basic field);

(b) Handling multiple crimes: From August to September, one year and six months, the maximum of the sentence scope of the basic crimes from September, one year and six months, which are 1/2 of the maximum of the sentence scope of the first concurrent crimes and 1/3 of the maximum of the sentence scope of the two concurrent crimes, shall be added to six months, and the lower limit shall be the minimum of the basic crimes.

3. On September 13, 2005, the defendant has been sentenced to imprisonment for the same kind of crime on three occasions (the defendant was sentenced to a suspended sentence of two years for eight months at the District Court on September 13, 2005) in consideration of a violation of the Narcotics Control Act, etc.

However, the defendant was led to confession, and he was punished for the same crime since 2005.

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