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(영문) 서울남부지방법원 2017.01.11 2016고단4184
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1, 2, and 3 shall be confiscated.

50,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. 대마 소지 피고인은 2016. 8. 30. 경 서울 강서구 C 아파트 제 107 동 앞 생태체험 장에서 그곳에 자라던 야생 대마 잎 불상량을 채취한 뒤 위 아파트 제 107동 510호에 있는 피고인의 집으로 가져 가 이를 흡연할 목적으로 햇빛에 말린 후 손으로 부숴 ‘HAZZYS’ 보라 색 종이상자 안에 넣어 보관하는 방법으로 소 지하였다.

2. On August 30, 2016, the Defendant: (a) around August 30, 2016, during the Defendant’s house, smoked by inserting some of the marijuana leaves possessed as above in the Defendant’s house, in a way of smoking tobacco by inserting them at the charge room.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Seizure records;

1. Investigation report (related to the collected marijuana), photographs;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Any of the items of Article 61 (1) 4 (b) and subparagraph 10 (b) of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts (referring to marijuana) and subparagraph 10 (b) of Article 3 of the same Act;

Possession), Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of possession of marijuana smoking) and each 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentence on the sentencing guidelines: From 8 months to 1 year and 6 months (the basic field of the two types (e.g., marijuana, f., d., and e., item) of the Regulation on Sentencing) which are modified according to the standards for handling multiple crimes: Imprisonment with prison labor for up to 8 months to 2 months;

2. A narcotics-related crime is a serious crime that leads to the destruction of home and society as well as to the criminal himself/herself.

Although the defendant had been punished four times for the same kind of crime in the past, the defendant committed each of the crimes in this case.

The defendant is justified in investigative agencies and in this court.

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