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(영문) 인천지방법원 2017.05.26 2017고단2469
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 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 received and smokeed marijuana as follows:

1. On April 27, 2016, the Defendant received, from Jinnam-si, Jinsan-si (hereinafter referred to as “Win-si tobacco”), the maribage (hereinafter referred to as “Win-si tobacco”) contained in D’s cigarette smoking from Jin-si to Jin-si (hereinafter referred to as “Win-si”), from D.

2. On the same day, the Defendant smoked marijuana in such a way that the “large tobacco” received at the same place on the same day, as above, was in a way of smoking by attaching a flash with a ceiling.

3. The Defendant smoked in the same way in the same manner as the rest of “large tobacco” received in the same place as paragraph 1 at around 12:00 on the same day.

4. On October 25, 2016, at around 21:00, the Defendant deducted tobacco smoke from tobacco smoking in the Defendant’s residence of Yeonsu-gu Incheon apartment 104-dong 518, Yeonsu-gu, Incheon, and then smokeed in a way of smoking with a smoke added thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (verification and alteration of a place of crime), a report on investigation (verification of the market price of the hemp plant and calculation of additional

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of giving and receiving marijuana) concerning criminal facts, Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

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

1. Application of the sentencing criteria;

(a) Class 2 (the scope of recommended punishment), the basic area for the first crime (the determination of types), the administration of narcotics (the determination of types), the simple possession, etc. of narcotics (the scope of recommended punishment), and August to June;

(b) Two types of crimes (a type) (e.g., smoking in marijuana) (e., medication, simple possession, etc.).

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