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(영문) 의정부지방법원 2018.09.21 2018고단2575
마약류관리에관한법률위반(대마)
Text

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

9,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. On September 27, 2017, the Defendant committed the crime of marijuana on September 27, 2017, within the NE-M-car operated by the Defendant, parked in the M-art parking lot located in Doducheon-si L, dong-si, and smoked marijuana once in the way of smoking, attaching the Defendant’s non-fluor amount of marijuana to tobacco paper with the O by attaching the fluor on the paper, and passing it together with theO.

2. On March 2018, the Defendant committed a crime at the end of the last day of the year on March 2018, at the street point in the operation of the Defendant, located near Qackcheon-si P, Qackcheon-si, the Defendant smoked marijuana once in a way of smoking by attaching the Defendant’s non-fluence of marijuana to the paper of tobacco paper.

3. On April 2018, the Defendant: (a) smoked marijuana on April 1, 2018, in the street of the Defendant’s operation; and (b) smoked on a tobacco paper by attaching a cigarette flasing machine with the flasing machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on narcotics 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. 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. The defendant who has been sentenced to a suspended sentence two times for the same crime and one time for a suspended sentence;

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