logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.09.30 2014고단1833
마약류관리에관한법률위반(대마)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On January 1, 2014, the Defendant, at the home of the Defendant, Kimhae-si B 101, smoked by inserting the first tobacco smoke, inserting the marious quantity into the marith’s marith and inserting the marith to the marith.

2. On February 27, 2014, the Defendant smoked in the form of marijuana in the above Defendant’s house by the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of appraisal;

1. Article 61 (1) 4 (a) and subparagraph 10 of Article 3 of the Act on the Management of Narcotics, Etc., for which the relevant Article of the Act on Criminal facts and the Selection of Punishment are applicable;

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

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

4. Article 62-2 (1) of the Criminal Act on Probation;

5. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act.

6. The scope of the final sentence due to the aggravation of multiple offenses in the basic area ( August to January 1) of Types II (ma), including the grounds for the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc., of narcotics: The punishment is not less complicated in light of the fact that there are significant social harm caused by toxicity among narcotics in August to February 2 (the decision of the sentence).

However, the defendant's mistake is recognized and reflected, the fact that there is no record of punishment for the same kind of crime, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered in consideration of all the circumstances which form conditions for sentencing, such as character, conduct and environment of the defendant.

arrow