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(영문) 수원지방법원 여주지원 2019.09.19 2019고합49
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Despite the fact that the Defendant was not a narcotics handler, the Defendant treated JWH-018 and its similar body (hereinafter referred to as “synthesis marijuana”) and marijuana as follows:

1. Around August 20, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (flag) and the Act on the Control of Narcotics, etc. (flag) attached a synthetic marijuana flag in a stuffed place in the building C, Kimhae-si, Kim Jong-si, and smoked in a way that makes it difficult for the Defendant

2. Around September 15, 2018, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) and the Act on the Control of Narcotics, etc. (mariju) put in tobacco in the e-loan F, Kimhae-si, and smoked in such a way as to inhale the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. Photographs and a narcotics appraisal report as a result of simplified reagents test;

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

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2, Article 30 of the Criminal Act, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics Control Act, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 30 of the Criminal Act (the occupation of smoking in marijuana and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June 17 months;

2. Determination of sentence: Imprisonment with prison labor for ten months, and two years under a suspended sentence, the punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, character and conduct, environment, motive for, means and consequence of the crime, and the circumstances after the crime;

D. Unfavorable circumstances: The Defendant smoked synthetic marijuana and marijuana on two occasions.

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