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(영문) 서울중앙지방법원 2017.07.13 2017고합594
마약류관리에관한법률위반(향정)등
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated marijuana as follows:

1. 피고인은 C와 함께 2016. 12. 7. 01:00 경 ‘ 서울 광진구 D, 701호’ C의 주거지에서 ‘ 팰 리 아 멘트’ 담배 2 개비의 연초를 빼고 대마 약 0.5g 씩 을 채워 넣어 대마 담배를 만든 후 라이터로 불을 붙여 각각 대마 담배 1 개비씩 나눠 피웠다.

2. On December 7, 2016, at around 21:00 on December 7, 2016, the Defendant, along with C, was unable to divide the marijuana tobacco into one by making the same method at the above place.

Accordingly, the defendant smoked marith jointly with C, and the defendant smoked marith twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Each protocol of seizure and the list of seizure;

1. C’s response to the Defendant’s request for appraisal on the Defendant’s grounds (2017-H-178), C’s response to the request for appraisal on the Defendant’s grounds (2016-H-21297) to reply to the request for appraisal on the her claims (2016-H-217);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, Etc., Article 3 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on the Control of Narcotics, Etc., Caused by Smoking at around 21:00 on December 27, 2016 with heavy penalty];

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Cannabis provided for in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection;

1 once 3,00 won x twice

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

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

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

(a) Basic crimes and concurrent crimes: Medication of narcotics and simple possession of narcotics, respectively;

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