logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.03.13 2019고단5202
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

The defendant is not a person handling narcotics, so he shall not handle marijuana.

1. Around June 30, 2019, the Defendant possessed the marith in possession of the marith for the purpose of smoking marijuana in the Defendant’s residence located in the Marith Government-Si B.

2. Smoking marijuana;

A. On May 2019, the Defendant, at the place specified in paragraph (1) as a early policeman, smoked in tobacco pipe by inserting the marith amount of marijuana into the tobacco pipe.

B. At around 04:00 on June 28, 2019, the Defendant smoked by inserting the marith amount of marijuana in tobacco pipe at the places specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police suspect interrogation protocol and statement of C;

1. Each protocol of seizure;

1. Each narcotics appraisal report and each report on request for appraisal;

1. A report on investigation (additional collection), application of the Acts and subordinate statutes governing narcotics, cancer and transaction price table;

1. Articles 61 (1) 4, 3 subparagraph 10 (a) (the smoking point of marijuana) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 4, 61 (1) 4, and 3 subparagraph 10 (b) (the point of possession of marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment with prison labor for the crime;

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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (see the above investigation report);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Types] / 01. Medication, simple possession, etc. (Type 2 / mariju);

Items e and e.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, imprisonment from August to January 1 (the person who is a general person)

(b) Second crime [Violation of the Act on the Control of Narcotics, etc. (marith)].

arrow