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(영문) 인천지방법원 2014.10.15 2014고단6207
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On January 2014, the Defendant carried marijuana in a way that he packages approximately 0.76g of marijuana in the vicinity of the river basin in the sloping area at the time of Sungnam-si, and stores it in a way that he stores it in the Defendant’s ground wall.

2. At around 20:00 on April 17, 2014, the Defendant produced marijuana tobacco using approximately one-time medication at the Defendant’s house located in Nam-gu Incheon Metropolitan City, by attaching a fire to it, and smokeed marijuana in such a way as to inhale the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 61 (1) 6 of the relevant Act on Criminal Facts, Articles 61 (1) 6 and 4 (1) of the Act on the Selection of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence;

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;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic crime: Smoking marijuana (determination of types): Medications and simple possession, etc., of narcotics;

Items e and e.

Title, etc. [Scope of Recommendation] From August to June (Basic Area)

(b) Concurrent crimes: Narcotic drugs, the possession of which (determination of types) is administered, simple possession, etc., of marijuana;

Items e and e.

Title, etc. [Scope of Recommendation] From August to June (Basic Area)

2. Scope of the recommended punishment revised according to the standards for handling multiple crimes: From August to February, and from March (the lower limit of the basic crime shall be eight months, and the upper limit shall be one year and six months, which shall be the upper limit of the scope of punishment for the basic crime, plus nine months, which shall be 1/2 of the upper limit of the scope of punishment for the concurrent crime).

3. The accused's responsibility for the crime in light of the fact that there is a significant social harm caused by toxicity of narcotics determined to be sentenced.

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