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(영문) 의정부지방법원 2016.06.01 2016고합136
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

The above additional collection shall be made to the defendant.

Reasons

. Aggravation of concurrent crimes due to the violation of the Narcotics Control Act due to the trade of marijuana;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (30,000 won for marijuana);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized all of the crimes; and (b) the fact that the Defendant did not commit a crime in Korea is favorable to the Defendant.

However, the crime of this case is committed in six times after the defendant purchased marijuana, and it is highly deemed that the crime of this case needs to be strict in light of the propagation of the narcotics crime and social danger.

It is not possible to do so, and the criminal facts that the defendant traded marijuana and philophones are not only the criminal records subject to a suspended sentence due to the criminal facts, but also the criminal records subject to a suspended sentence due to the medication of philophones, etc. are disadvantageous to the defendant.

The motive, means, and result of each of the instant crimes, all of the sentencing conditions shown in the records of the instant crime, including the circumstances after each of the instant crimes, Defendant’s age, environment, and sexual conduct, as well as these circumstances, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court (from August to September 2)

1. A crime of subparagraph 1 in holding: A group of narcotics crimes, trade mediation, etc., two types (mariju, flavoring, b. items (b. items (c) and (c)), mitigation area (purchase or receipt for simple possession of medication, etc.): Imprisonment with prison labor for eight months to one year and six months;

2. A crime of subparagraph 7 in its holding: The group of narcotics crimes, the group of medication simple possession, etc., two types (mathma, math d. and e.), the basic area, eight months to one year and six months;

3. A crime No. 6 of the holding: A decision is made as a result of taking into account the group of narcotics crimes, the mere possession of medication, etc., the class 2 (e) and the basic area of imprisonment, the scope of recommended punishment according to the standards for processing multiple crimes, from August to June 1, 200, and the standards for suspension of execution (in the case of a major reason: within five years, the suspension of execution of sentence, or a fine not less than three times).

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