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(영문) 창원지방법원 통영지원 2014.06.03 2013고단978
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

2,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 6, 2010, the Defendant sentenced on one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Changwon District Court on January 6, 201, and completed the execution of the sentence in the original prison on November 16, 2010.

1. No person who smokes marijuana shall smoke it;

Nevertheless, on October 6, 2013, the Defendant smoked marijuana in a way that inhales it by attaching 0.1g of the mama leaves leaves of the horse in the paper, which were parked on the road near the Samcheon Pacheon-si Port adjacent to the Samcheon-si Port.

2. Any person other than the handler of narcotics, etc. in possession of marijuana shall not carry marijuana;

Nevertheless, at around 15:50 on October 7, 2013, the Defendant possessed 4.18gg of the mash hemp leaf, which was parked on the road near the Samcheon Pacheon-si Sacheon-si Port (Sacheon-si), within Dtra XG’s passenger cars owned by the Defendant’s spouse C.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each written appraisal;

1. Monthly trend of narcotics;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning inquiry reports and the current status of personal identification and confinement;

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 possession of marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. According to the sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the defendant is recommended to be sentenced to 10 months to 3 years of imprisonment (in the case of each crime at the time of sale, recommendation to increase the area of "Class 2, such as medication and simple possession (recognition of previous department with a suspended sentence of less than 3 years for a special aggravation)", and multiple crimes). The defendant is subject to repeated crime due to the same crime.

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