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(영문) 서울동부지방법원 2018.11.07 2018고단3178
마약류관리에관한법률위반(대마)
Text

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

12,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On June 15, 2018, at around 21:00, the Defendant smoked marijuana over four occasions in total, as described in the list of crimes in the attached Form, from around September 14, 2018, in front of the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City. In addition, the Defendant put the weightless hemp into the pipe in the shape of a cover-to-face, put it into a cover-to-face, put it into a cover-to-face, and smoked marijuana through a pipe.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of preliminary tests on narcotics and a report on investigation (calculated of a surcharge);

1. A statement on narcotics appraisal;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and Selection of Imprisonment with prison labor;

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 proviso to Article 67 of the Narcotics Control Act;

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Each smoking (decision of type), drug crimes, medication, simple possession, etc., and two types of smoking (the scope of recommended punishment) shall be punished by imprisonment with prison labor for up to eight months from one year and six months (the basic field);

(b) Handling multiple crimes: From August to September, one year and six months, the maximum of the sentence scope of the basic crimes from September, one year and six months, which are 1/2 of the maximum of the sentence scope of the first concurrent crimes and 1/3 of the maximum of the sentence scope of the two concurrent crimes, shall be added to six months, and the lower limit shall be the minimum of the basic crimes.

3. On June 8, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Narcotics Control Act by the Seoul Central District Court on the grounds that he/she was sentenced to a suspended sentence of two years for a violation of the Act at the Seoul Central District Court on the Control of Narcotics, etc.; the Defendant was sentenced to a suspended sentence for the same crime; the Defendant was punished for the same crime as before and after the suspended sentence; the Defendant was divided by mistake; the Defendant’s personality, conduct, family relationship;

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