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(영문) 인천지방법원 2019.01.10 2018고단8288
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

On August 26, 2018, at around 20:50, the Defendant, at the vicinity of Dong-gu Incheon Metropolitan City, carried the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s,

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to each investigation report (on the spot inspection site and calculation of additional collection charges);

1. Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Article 61(1)4 (b) and Article 3 subparag. 10 (b) of the former Narcotics Control Act, and Article 61(1)4 (1)4 (b) and Article 3 subparag. 10 (b) of the former Act on the Control of Narcotics, etc.

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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. The scope of the final sentence according to the sentencing guidelines - the scope of the punishment according to the aggravation of multiple offenders who have no basic area ( August to one year and six months), such as marijuana and natives (the scope of recommendations), medication, simple possession, etc. of Class 2 (the hemp, natives (d) and (e) of this Decree), : August to February and March;

2. The crimes of narcotics, etc. on which a sentence is imposed, need to be strictly punished for addiction and the personal and social harm resulting therefrom.

Since the defendant has been punished for imprisonment with prison labor several times for crimes involving narcotics and detection of marijuana ingredients in hair, it is necessary to punish the defendant strictly.

However, the fact that the defendant reflects his wrong and does not repeat the crime, the amount of narcotics handled by the crime of this case is not so large, and there is no record of being punished for the same crime for the last ten years, and family members are families.

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