logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.05.19 2017고단1594
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

9,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 2016, the Defendant received marijuana from “D” offices located near Seoul Special Metropolitan City, Nowon-gu, at around 16:00, and received marijuana from “D” offices with a quantity of hemp as much as possible to be avoided three times from “E” without compensation.

2. Smoking marijuana;

A. On December 12, 2016, the Defendant: (a) around 18:00 in the residence of G located in the F apartment in Seoul Special Metropolitan City, Nowon-gu, Seoul; (b) around 18:00, G and H, as well as G and H, reduced two cigarettes; (c) attached the hemp’s non-fluence in each of them; and (d) smoked marijuana in a way that the Defendant, G, and H came to turn back and smoked.

B. On April 3, 2017, the Defendant: (a) around 21:00, at the Defendant’s residence located in Seoul Special Metropolitan City, Nowon-gu I Apartment Housing No. 105, 1804; (b) saved marijuana in the fluencies of the hemp, which were in possession of one cigarette less than that of one cigarette; and (c) smoked by a smokeing method.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of H and E;

1. Police seizure records;

1. A report on investigation (Attachment to a monthly trend of narcotics) and a report on investigation (calculated additional charges);

1. The application of Acts and subordinate statutes of the written request for appraisal;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of giving and receiving marijuana) concerning criminal facts, Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and choice of 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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the basis for calculation: 9,000 won = 3 times x 3 times x 3,00 won for smoking at the same time as the formath);

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

1. The basic area (from August to one year and six months) of the first type of crime (the scope of recommendation), the scope of punishment for which is recommended on the sentencing guidelines, including medication, simple possession, etc. (the scope of punishment).

arrow