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(영문) 서울서부지방법원 2020.02.12 2019고단3177
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

(b) A mobile phone description and a detailed statement of results of analysis of telephone calls;

1. Temporary test results and test reports, test reports, test reports requesting appraisal, and test reports requesting appraisal;

1. A criminal investigation report (calculated of a surcharge) and the market price of cancer transactions "2019 order 4170";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of M (Duplicate) of M;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additionally), and report on the market price of cancer transactions;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 (the point of receiving marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence concerning the 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;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [105,00 won [(=15,00 won = 3,00 won for medication 3,00 won per time (* 5 times)] of the Act on the Control of Narcotics, etc. subject to Additional Collection]

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 one to seven years;

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

(a) Crimes of subparagraphs 1 through 3 [Violation of the Act on the Control of Narcotics, etc. (Determination of Types] / 01. Medication, simple possession, etc. (Type 2] marijuana and perfumes;

Items e and e.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, imprisonment from August to June 1.

(b) Scope of recommendations according to the standards for handling multiple crimes: From 8 to 2 years of imprisonment (Article 1/2 of the upper limit of crimes No. 2).

3. The sentence shall be determined as ordered in consideration of the following circumstances following the decision of sentence and other various sentencing conditions shown in the pleading of this case.

Unfavorable circumstances: there is no same record, and there is no record of punishment exceeding two times of fine.

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