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(영문) 대전지방법원 홍성지원 2020.01.22 2019고단609
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

On April 6, 2019, at around 21:00, the Defendant: (a) placed in the Defendant’s Dpoter II trucked in front of the “C” operated by the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun; (b) placed the marith in the pipe for smoking marijuana manufactured by the gambling site into the pipe for smoking marijuana, attached the marith; and (c) smoked in a way of spreading the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A narcotics appraisal statement (No. 14 No. 14 of evidence);

1. Investigation report (related to presumption of the date and time of smoking marijuana through urine appraisal);

1. Application of Acts and subordinate statutes to investigation reports (related to the calculation of additional collection charges);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. In principle, since a person was punished as imprisonment with prison labor for the same kind of criminal records as the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., he/she needs to be subject to strict punishment in principle.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the crime was seriously against the enemy, the fact that only one time was committed, and the restriction on recidivism after the crime was committed (see each appraisal report according to the prosecutor's request), the first active cooperation was made in the investigation, the fact that there was no record of punishment for the punishment of imprisonment, the support for the family, the fact that a large number of people want to have a preference, and the fact that the social relation is clear, and that a prison life was carried out for four months in this case.

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