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(영문) 인천지방법원 2018.11.30 2018고단6782
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On January 1, 2018, the Defendant: (a) around 23:00, near the Jung-gu Incheon Metropolitan City, wherein the Defendant fright to the marith of the marith; (b) smoked the marith in a way that they drinked the marith.

2. On February 10, 2018, at around 23:00, the Defendant smoked marijuana in the vicinity of Jung-gu, Incheon, Jung-gu, Incheon, with the marith of the marith, and with the marith of the marith of the marith.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics (37 pages of the evidence record);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Penalty for the Crime, Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment with prison labor;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment for any violation of the Act on the Control of Narcotics, etc. Due to Smoking in marijuana, as stated in paragraph (2) of the said Article with heavier punishment];

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. The proviso to Article 67 of the Narcotics Control Act;

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

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

(a) Class 1 and 2 (Violation of the Narcotics Control Act) / [Determination of Type] 2 (Determination of the area of recommendation / Determination of the area of recommendation / [Scope of recommendation ] 8 months to 1 year and 6 months (whether suspended execution is suspended or not] - Unfavorable reasons for general consideration at least two times, positive: The degree of reflective reflection before and after the suspension of execution :

(b) 8 months to 2 years and 3 months of imprisonment for the final sentence scope. [The result of multiple offenses (No. 1 crime maximum of No. 2 crime maximum of No. 1 crime)]

2. The defendant's crime of sentencing is that he smokes marijuana over two occasions, and the crime is not returned to one another, and the defendant's hair is still ambiguous;

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