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(영문) 의정부지방법원 고양지원 2015.11.05 2015고단2410
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

1,050,000 won shall be additionally collected from the defendant.

The amount equivalent to the above surcharge.

Reasons

Punishment of the crime

Although the defendant is not a person handling narcotics, he dealt with marijuana as follows, even though he is not a person handling narcotics.

1. Around June 2014, the Defendant purchased 15,000,000 won of marijuana seeds in C market located within the budget-gun, Chungcheongnam-do, Chungcheongnam-do, and cultivated 15,000,000,000,000,000,000,000,000,000,000.

2. Around 03:30 on September 12, 2015, the Defendant smoked marijuana in the nearby alley of “G bathe” located in the Triju F, and in a way that smokes occur by inserting the fluent quantity of marijuana cultivated by himself/herself in the pipe for smoking and attaching the fluence.

The Defendant smoked marijuana over a total of 21 occasions from May 17, 2015 to September 12, 2015 by the following methods: (a) as indicated in the list of crimes in the attached Form.

3. The Defendant, who was in possession of marijuana, has kept in the tobacco cases located in the Defendant’s residence from February 2, 2015 to September 03:30, 2015, for the purpose of smoking the ma’s smoking amount.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each request for appraisal, each review report, and the application of Acts and subordinate statutes;

1. Articles 61 (1) 6, 4 (1) 2 (the point of cultivation of marijuana), 61 (1) 4 (a), 3 subparagraph 10 (a) (the point of smoking in marijuana) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and Articles 61 (1) 4 (b) and 3 subparagraph 10 (b) (the point of possession of marijuana) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. The application of the sentencing guidelines (determination of type), drug crimes, medication, simple possession, etc., and the absence of Type 2 (a person with a special sentencing) (a person with a special sentencing range) (a person with a special sentencing range), the basic area of imprisonment, 8 months and 1 years and 6 months, or 3 months or more.

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