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(영문) 창원지방법원 2019.01.31 2018고단3279
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around June 27, 2018, the Defendant, along with B and C, deducted tobacco belonging to the D Park at Kimhae-si, Kimhae-si, and smoked marijuana in a way of smoking, with a smoke added by inserting the mari volume (one smoking minute 0.05g for a time) by inserting it into B, C, and mariing it.

2. On August 16, 2018, the Defendant smoked marijuana by inserting it in a tobacco paper, which was delivered without compensation from B from the care room of the building E in Kimhae-si, Kimhae-si (one time of smoking 0.05g), by inserting it into the tobacco paper, which was cut off, and attaching the smoke.

Summary of Evidence

1. Defendant's legal statement;

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

1. Copy of a protocol of suspect examination of police officer C;

1. Records of seizure and the list of seizure;

1. A report on investigation (calculated additional charges);

1. Response to the request for appraisal;

1. A copy of the currency;

1. Application of statutes on a copy of field photographs;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the following circumstances: age, character and conduct, environment, motive, means and consequence of the crime, etc.: The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (e.g., marijuana and simple possession) and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee.

Items e and e.

(i) Basic area: August - one year and six months) shall be determined as per Disposition in consideration of all of the basic areas.

A favorable circumstances: The defendant does not have many times of smoking marijuana; the confession and reflects the wrongness; and the defendant does not have any previous convictions other than the following previous convictions.

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