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(영문) 서울북부지방법원 2015.09.01 2015고단2008
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

1. Around 20:00 on February 18, 2015, the Defendant received, without compensation, marijuana in the quantity of saws from C within the passenger car owned by B parked on the Doha-ri 560-2 street of Incheon Strengthening-gun on February 18, 2015;

2. The Defendant smokes in such a way that, at the time, at the same time and place as above 1, the Defendant put marijuana in tobacco in a tobacco, attaching the following fire to C, etc., and smokes in such a way as to smoke:

3. At around 02:00 on the 19th day of the same month, the Defendant, at around 02:0, smoked by inserting marijuana received as above paragraph 1 in the Defendant’s residence, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, B, 101, and attaching a fire.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the result of appraisal and calculation of a surcharge);

1. Article 61 (1) 6, Article 4 (1) 2 (the point of receipt of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act (Article 30 of the Criminal Act is added to the crimes of smoking marijuana, and Article 30 of the Criminal Act is applicable to the crimes of subparagraph 2 of the holding), the 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 (The following favorable circumstances in light of the reasons for sentencing);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (50,000 won x 2

1. The scope of recommendations on the sentencing criteria (the scope of recommendations), medication, simple possession, etc.: There is no basic area ( August to January 16) (the special area) of types 2 (mathma, math (math, etc.).

2. Although the Defendant had been punished twice for the same kind of crime, the crime of this case was committed, and narcotics-related crimes not only cause the body and mind of an individual due to the toxicity, decliation, and radio wave of narcotics, etc., but also harm the health and social safety of the people.

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