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A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence No. 1 shall be confiscated.
3,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Power] The Defendant, at the Seoul Northern District Court on December 16, 2010, sentenced 8 months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence in Seongdong-gu District Court on April 29, 201.
【Criminal Facts】
1. On June 2012, 2012, the Defendant purchased 30,00 won of the hemp seed from his name-free person in the street store Dongdaemun-gu Seoul, Dongdaemun-gu, for a 30,00 won, from his name-free person, and smoked in a way of smoking by inserting the hemp seed coats of the amount of smoking once in the Defendant’s residence located in Dongdaemun-gu Seoul, Seoul.
2. Around June 25, 2012, the Defendant smoked in a way of smoking tobacco pipe, putting in a tobacco pipe of the hemp quantity, which was dried up once in the said Defendant’s residence, and attaching a fire.
Summary of Evidence
1. Statement by the defendant in court;
1. A narcotics appraisal statement (I), (II);
1. Data on the investigation report (Attachment to a market price report) and the monthly trend of narcotics with large-scale autopsy;
1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of the same kind of judgment and report on the current status of investigation attached thereto);
1. Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, etc. under the Relevant Acts concerning criminal facts;
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. Although the reason for sentencing under Article 67 of the Act on the Management of Narcotics, etc. for Confiscation and Collection has five times the criminal records of the same crime, it is inevitable to punish the criminal of this case for the period of repeated crime.
However, in consideration of the fact that the defendant takes off marijuana at the same time, the defendant is sentenced to the lower limit in the sentencing guidelines (from October to two years).