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(영문) 인천지방법원 2019.10.18 2019고단5119
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 12:00 on March 15, 2019, the Defendant: (a) attached approximately 0.5g of the hemp plant 0.5g, which was dried from D, following the C Hospital located in Seo-gu Incheon, Seo-gu, Incheon, as a horse in the paper, and smoked marijuana in a way that the postponement goes off.

2. At around 11:00 on April 3, 2019, the Defendant: (a) attached approximately 0.5g of the hemp plant at the construction site adjacent to the F-dong, Nam-gu, Incheon Metropolitan City; (b) smoked the hemp plant in a way of spreading it by a horse with a rash in paper; and (c) smoked it.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each written appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (3,00 won at the retail of one-time medication of marijuana at the time of the sale x two times = 6,00 won);

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

1. Imprisonment with prison labor for a period from January to September of the period of punishment in Acts;

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

(a) Basic and concurrent crimes (violation of the Act on the Control of Narcotics, etc.) types of narcotic crimes (referring to the violation of the Act on the Control of Narcotics, etc. (referring to the violation of the Act on the Control of Narcotics).

(b) Six months to one year and three months from the date of recommendation according to the standards for handling multiple crimes;

3. Circumstances disadvantageous to the decision of sentence: A criminal defendant has already been sentenced two times to imprisonment for the same kind of crime; and

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant.

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