logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.12.01 2015고단2026
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. On November 20, 2014, at around 18:10, the Defendant received marijuana by receiving approximately 1.5g (three-time smoking volume) of marijuana from D without compensation at events near C in Jung-gu Seoul Metropolitan Government, and at around 18:10.

2. At around 20:20 on December 3, 2014, the Defendant received marijuana by giving approximately 1g (two times of smoking) out of the marijuana received as above to G, within the Defendant’s passenger car parked near the F University located in Jung-gu Seoul Metropolitan Government E, and received it without compensation.

3. At around 21:00 on April 24, 2015, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana, among marijuana received as described in the foregoing paragraph (1), into tobacco, and inserting a smoke with a smoke added thereto.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer G;

1. Police seizure records;

1. Each appraisal report and appraisal report;

1. Application of Acts and subordinate statutes reporting the market price of marijuana;

1. Relevant Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc. (the point of giving and receiving marijuana), Articles 61 (1) 4 (a), and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment with prison labor;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The scope of the final sentence due to the aggravation of multiple crimes for which no basic area exists (the scope of recommendations), such as medication, simple possession, etc. of Type 2 (the scope of recommendations), the basic area ( August to one year and six months) of the Act on the Control of Narcotics, Etc. [the scope of recommendations] / the basic area of medication, simple possession, etc. (8 to one year and six months) of Type 2 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), the basic area (8 to one year and six months), (8 to one year and six months) of the Act on the Control of Narcotics, etc. (the special person) [the scope of punishment] of the punishment under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: August to 23 [the decision of a sentence] of the Defendant, despite the fact that the Defendant had been punished for the same kind of crime,

arrow