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(영문) 수원지방법원 평택지원 2016.07.21 2016고단855
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 12:00 on January 1, 2016, the Defendant of the hemp plant smoking: (a) deducteds tobacco owned by the airmen near the E office located in Gangwon-do Iron-gun; (b) put the hemp plant’s in the said airmen (one-time smoking volume) and added a fire, and then smoked once in a manner of inhaleing the smoke.

Accordingly, the Defendant smoked marijuana.

2. Around 11:00 on March 10, 2016, the Defendant deducteds tobacco possessed in front of the E office located in Iron-gun D from the hemp plant, and puts the hemp plant’s non-smoking (one-time smoking volume) and 0.03 g of a pen, which is a local mental medicine, into the same, and inhales the smoke.

Accordingly, the Defendant smoked marijuana and administered philophones at the same time.

3. From January 2016 to 15:00 at the end of 14:00 to 15:00, the Defendant received marijuana: (a) provided F without compensation about about 5g (the amount of paper cupped cups) for marijuana in front of the “E” office located in the iron-gun of Gangwon-do, Gangwon-do.

Accordingly, the defendant accepted marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), Article 3 subparagraph 10 of Article 61, Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Determination on the application of the sentencing guidelines of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: The scope of the recommended sentencing guidelines of the applicable O: Type 2 (mariju/math, b. and c.) in the mitigation area (from June 1 to June 6), the medication and simple possession, etc. (ab. and f.) in the mitigation area;

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