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(영문) 대전지방법원 서산지원 2017.10.27 2017고단755
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for one year.

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act at the Cheongju District Court on September 4, 2015, and completed the enforcement of the sentence at the Cheongju detention house on March 8, 2016.

1. From the beginning of March 2017, the Defendant found marijuana, which was born by the following branch of the D branch located in Seosan-si in the Republic of Korea, among the patrolmen in the same month, from March 1, 2017, and used it to follow marijuana leaves. However, the Defendant parked in the Defendant’s EF cattle in the French area below the Yan-gun, Chungcheongnam-gun, and made the maF leaves in the vehicle a dust, and smoked in the manner of smoking in the vehicle.

2. The same year from the end of February 2017, the Defendant violated the Narcotics Control Act.

3. During the arrangement of work clothes at the Defendant’s house located in the Happan F, 103 705, 103 705, the Defendant was found to possess a psychotropic drug by inserting the above divers to G string vehicles in the Defendant’s wife’s G string line in the Defendant’s wife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each protocol of seizure and the list of seizure;

1. Photographs of the scene of search and seizure, each narcotics appraisal report (record 76, 78 pages), and investigation report (calculated additionally);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the possession of phiphones) of the Act on the Management of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., and choice of imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Circumstances unfavorable to the reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.: the accused has been punished twice for the same kind of crime; and

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