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(영문) 춘천지방법원 2016.09.07 2016고단708
마약류관리에관한법률위반(대마)
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

1. On May 24, 2015, the Defendant, who is in possession of marijuana for smoking purposes, collected in the camping area located in Gangwon-gun B, Gangwon-do, for smoking purposes, the leaves in the wild hemp plant that grow in that area for smoking purposes, and possessed it until May 24, 2015, by not later than 04:45.

The Defendant possessed marijuana for the purpose of smoking as such.

2. On May 24, 2015, the Defendant smoked, around 04:45, at Chuncheon City C, and at 3 times “Dju store”, put about about 0.5gs of the tobacco kept as above, and inhaled the smoke with fire.

As such, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of seizure records and lists, and narcotics appraisal certificates;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) and (a), Article 3 subparagraph 10 (b) and (a) of the Act on the Control of Narcotics, etc., and choice of imprisonment for a crime;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

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

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

(a) Basic crimes (determination of types) for marijuana: Medition, simple possession, etc. of narcotics;

Items e and e.

Title, etc. [Scope of Recommendation] 8 months - One year and six months (Basic Area)

(b) The same crime as a basic one for concurrent crimes (the possession of marijuana for smoking);

(c) 8 months of imprisonment with prison labor for multiple crimes - 2 years and 3 months (calculated by adding up 1/2 of the upper limit of sentence for concurrent crimes to the upper limit of sentence for basic crimes);

2. The depth of the harm and injury that the decision on the sentence of narcotics has on society and the subsequent narcotics crimes;

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