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(영문) 춘천지방법원 2016.08.10 2016고단550
마약류관리에관한법률위반(대마)
Text

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

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

1. On November 2015, the Defendant, who is in possession of marijuana for smoking purposes, discovered marijuana, which were born in the Hongcheon-gun B YY Haman, Hongcheon-gun B, and collected three marijuana leaves, and stored it for smoking in the Defendant’s warehouse located in the Gangwon Hongcheon-gun C until the first patrolman on May 2016.

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

2. On May 2016, the Defendant smoked marijuana, at the Defendant’s office located in Hongcheon-gun, Hongcheon-gun, Hongman-gun, the Defendant injected marijuana leaves stored in the same manner as the preceding paragraph in a paper, with a fire attached thereto, which was made in the shape of one cigarette.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Management of Narcotics, Etc. concerning criminal facts, Articles 61 (1) 4, 61 (1) 4, (b) and (a), 3 subparagraph 10 (b) and (a) (the point of possessing marijuana for the purpose of smoking) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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) Basic crime (a) (a type of smoking in marijuana) (a determination of types), such as medication, simple possession, etc. of narcotics, and ma. (d) and (e) [the scope of recommended punishment] August - one year and six months (the basic area);

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

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

2. When considering the seriousness of the harm that narcotics have on society and the necessity of eradicating narcotics crimes, the Defendant requires strict punishment.

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