Text
A defendant shall be punished by imprisonment for one year.
150,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Power] The Defendant, at the Suwon District Court on May 13, 2009, sentenced one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence at the Net Prison on August 9, 2010.
【Criminal Facts】
Defendant is not a narcotics handler.
1. On November 1, 201, the Defendant received approximately 1g marijuana from E in the DMW car owned by the Defendant, which was stopped in the front of the 103-dong, Seosan City, Seosan-si, and received it.
2. On November 1, 201, around 17:00, the Defendant smoked approximately 0.5g of marijuana in the DMW car owned by the Defendant, which was parked in the vicinity of the Seo-gu Daejeon-gu Daejeon-gu, in a way of smoking in the manner of smoking by attaching a cigarette of about 0.5g to a tobacco smoking place, and continuously smoking approximately 0.5g of marijuana in the same manner at the same place at around 20:00 on the same day.
3. On November 201, 201, the Defendant smoked in a way that, in the DMW car owned by the Defendant, which was stopped in H near Seo-gu Daejeon, Seo-gu, Daejeon, by putting about 0.5gg of marijuana, along with the Defendant, in a tobacco smoking paper, with the Plaintiff’s horse flab, in a way that it can stop.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Statement of the police officer to I;
1. A certificate of the results of a simplified test of narcotics, etc. and a report on the results of the preliminary test of narcotics;
1. Previous convictions in judgment: Criminal records, investigation reports (previous and attachment of judgment), and application of Acts and subordinate statutes concerning the current status of confinement of individuals;
1. Article 61 (1) 6 of the relevant Act on the Control of Narcotics, etc., Articles 4 (1) 2 (the point of receiving and receiving marijuana), 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., Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 61 (1) 4 (a) and Article 31 (1) 10 (a) of the Criminal Act, Article 30 of the Criminal Act
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.