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(영문) 춘천지방법원 2016.09.01 2016고단572
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

1. On October 2015, the Defendant, who is in possession of marijuana for smoking purposes, discovered marijuana, which were born in the Hongcheon-gun C YAD, and collected three marijuana leaves, and kept them for smoking in the clothes of the Defendant in the Republic of Korea, Hongcheon-gun D, Gangwon-do, for the purpose of smoking, until early May 2016.

Accordingly, the defendant possessed marijuana for the purpose of smoking.

2. On May 2016, the Defendant smoked marijuana: (a) at the Defendant’s house located in Hongcheon-gun D, the Defendant injected the marijuana leaves kept in the same manner as the preceding paragraph in a paper, and then inhaled it by attaching a fluent shape of tobacco with a fluence attached thereto.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A written request for appraisal, a report on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (market price report for calculating an additional collection charge);

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) 4, Article 61 (1) 4, (b), and (a), Article 3 subparagraph 10 (b), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types) for marijuana: Medition, simple possession, etc. of narcotics;

Items e and e.

Title, etc. (Scope of recommendations) 8 months - one year and six months (basic areas)

(b) The same crime as a basic one for concurrent crimes (the possession of marijuana for smoking);

(c) 8 months of imprisonment with prison labor for dealing with multiple crimes - 2 years and 3 months (calculated by adding up 1/2 of the upper limit of sentence to the upper limit of basic crimes);

2. The criminal defendant who has already rendered a decision on the sentence shall be marijuana;

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