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(영문) 서울북부지방법원 2016.07.15 2016고단2054
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. The Defendant committed the smoking of marijuana in collusion with C on March 29, 2016, which was parked in the E market parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul. Around 23:00, the Defendant smoked marijuana by inserting the pipe made up of the stuffed in the FF car operated by the Defendant, putting it into the pipe, putting it out, putting it up, and inhaleing the smoke.

2. On May 16, 2016, the Defendant, who was parked in the above E market parking lot around 19:20 on May 16, 201, kept approximately 1.37g of marijuana for the purpose of smoking, for the purpose of smoking the Defendant’s use of the FF vehicle after the driver’s seat of the FF vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on appraisal, seizure protocol;

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Selection and Management of Narcotics, etc., Article 30 of the Criminal Act, Article 61 (1) 4 (b) and (a) of the Narcotics Control Act, and Article 61 (1) 4 (1) 4 (b) and Article 3 subparagraph 10 of the Act on the Control of Narcotics, etc., and imprisonment, respectively;

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

1. Crimes of subparagraph 1 of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection: 50,000 won (=one minute for smoking marijuana): 50,000 won for additional collection (per minute for appraisal and consumption); and

1. The basic aggravation of sentencing under Article 334(1) of the Criminal Procedure Act, which reduces the classification by types;

A sentence of recommendation that no person falls under the category of general sentencing guidelines between June and June 10 and June 10: A sentence of 100,000 won in the basic area (from August to June): Imprisonment for a year; imprisonment for a year; imprisonment for a year; 2 years in the suspension of execution of 10,000 won; imprisonment for a year; surveillance of protection; and 80,000 won in the course of attending a course: A person subject to a reduction of imprisonment for the same previous offense (one time: 10 months in the imprisonment related to marijuana for 05: 10 months in the course of 05: 3 years in the course of imprisonment): A confession; imprisonment for two years and six months (2 years in the end of 1721); H; imprisonment for a party member; and J. 13 (Joint of 19,194; 200 won in the course of 201).

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