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(영문) 의정부지방법원 2017.11.29 2017고단4089

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2017, the Defendant smoked for marijuana once in the rooftop room where C resides in Gangnam-gu Seoul, Seoul, by inserting the marith in a pipe of tobacco and attaching the marith with the marith to the pipe.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. In the application of Acts and subordinate statutes, a report on investigation (in the form of a defense, hair, conspiracy, reply to a request for appraisal) and a report on narcotics attached thereto (No. 178 pages 2 of the investigation records);

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendation] / simple possession, etc. of medication and simple possession / [the sentence of imprisonment 8 months or 1 year and 6 months] / [the sentence of imprisonment / 8 months or 1 year and 6 months] 8 months, the suspension of execution of the sentence 2 years has several criminal offenses of the same kind to the defendant. However, the defendant has no criminal records of the same kind or fine exceeding 10 years from the time of punishment, and the defendant has no criminal records of the same kind or fine exceeding 10 years from the time of punishment, and the decision is made as ordered by giving the defendant an opportunity only once, taking into account favorable circumstances, such as smoking, etc.