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(영문) 대전지방법원 서산지원 2018.11.15 2018고단868
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for four months.

9,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person shall smoke marijuana.

1. On August 201, 2017, the Defendant smoked marijuana in a way of smoking one smoking part of the hemp powder owned by the Defendant’s vehicle in the middle line of the vehicle owned by the Defendant at the boundary of the Defendant’s residence, No. 22:00, Seosan-si, 2017, at the beginning of August 30, 2017.

2. On September 2017, the Defendant smoked in the same manner as described in paragraph 1, approximately 0.5g of hemp powder in possession, as described in paragraph 1, around early 22:00.

3. On October 10, 2017, the Defendant smoked in the same manner as described in paragraph 1, equivalent to approximately 0.5g of the hemp powder possessed as described in paragraph 1, around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (related to requesting an interview with an investigation);

1. Requests for the investigation of drug offenders;

1. Application of Acts and subordinate statutes to the drug reaction test report, close inspection confirmation, and narcotic appraisal report;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts, Selection of Punishment, and Selection 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. 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 sentences according to the sentencing criteria;

(a) Two types of smoking in marijuana (the scope of a recommended punishment), medication, simple possession, etc. (the hemp, math d., e., and so on) in the aggravated area (10 to 2 years) (the special aggravated area) (the period from October to 3 years) of the same type, previous convictions of the same kind (the period of suspended execution of not more than three years);

(b) Handling multiple crimes: Imprisonment with prison labor for not less than 10 months to 3 years; and

2. Circumstances disadvantageous to the decision of sentence: A person who is deemed to have great social harm in the context of a drug crime; the defendant has already been punished three times including the same kind of crime; on June 2, 2017, who is sentenced to the suspension of the execution of two years on October 2, 2017 and smokes marijuana for three times again during the suspension of the execution: the defendant is led to confession;

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