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(영문) 의정부지방법원 2018.01.04 2017고단5124
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 2015, the Defendant smoked marijuana in the middle of the year 2015, with the string of April 2015, which was possessed by the Defendant in his/her residence, among his/her patrolmen C, in a tobacco paper by attaching the string amount of the hemp in his/her possession, to the marijuana tobacco manufactured by inserting it into a tobacco paper, and smoking it in the same way as C and D.

2. On July 23, 2017, the Defendant received marijuana from C in front of the F elementary school located in 19:30 on July 23, 2017, and received it from C in front of the F elementary school located in E at the time of the Government around 19:30.

3. On July 24, 2017, the Defendant smoking marijuana: (a) around July 24, 2017: (b) smokeed marijuana in a way that, as described in paragraph (2) from the Defendant’s home located in the G at his/her own city around July 22:0, 2017, the non-fluor amount of the hemp plant received from the Defendant’s home, as described in paragraph (2), added it to the marijuana that is made by inserting it into a tobacco paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or C;

1. Summary test results and report on the result of a visual medicine test;

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

1. Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc., for which the relevant Act and the Selection of Punishment are applicable to the facts constituting an offense;

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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection = 3,000 won (the 6,000 won = marijuana); and

One time of smoking x twice) Reasons for sentencing

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;

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

(a) From 8 months to 1 year and 6 months, imprisonment for the basic field of violation of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment) (the scope of recommended punishment), the basic field of violation (the determination of the recommended field of marijuana), such as medication, simple possession, etc. of narcotics;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of eight months to two years;

3. Determination of sentence: The number of crimes in this case, the contents thereof, and the risk thereof, etc. shall not be minor;

However, the defendant reflects his mistake.

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