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(영문) 대구지방법원 2015.04.02 2014고단3432

마약류관리에관한법률위반(대마)등

Text

A defendant shall be punished by imprisonment for one year.

15,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2014 Highest 3432] Narcotics handler.

On February 26, 2014, around 19:00, the Defendant smoked marijuana in the way of smoking, which acquired hemps acquired by a fire on the national highways of the non-commercial sector below Gangwon-do, as a paper, in a way of smoking by attaching its fire to it.

[2014 Highest 5691]

1. Around 20:00 on August 17, 2014, the Defendant, in violation of the Act on the Control of Narcotics, etc. (flavoring), administered approximately 0.03 grams of psychotropic drugs, at the parking lot of Cheongchisan Do Park in Andong-si, Andong-si (hereinafter referred to as “clophonephone”), in a way that can wraps the psychotropic drugs into coffee.

2. Violation of the Act on the Control of Narcotics, etc.;

A. On June 2014, the Defendant: (a) made the hemp as a paper tobacco at the sperm called “bag” near the Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Sungju-gun; and (b) smoked with the flag.

B. On August 17, 2014, the Defendant: (a) around 20:30, at the parking lot of the Cheongyangsan Do Park, the hemp was created as a paper, and smoked with a fire.

Summary of Evidence

[2014 Highest 3432]

1. Defendant's legal statement;

1. Requests for appraisal;

1. Investigation report (calculated of a surcharge);

1. Defendant's legal statement;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to one copy of a report on investigation (additional collection), and transaction price of narcotics;

1. Articles 61 (1) 4 (a), 3 subparagraph 10 (a) (each point for smoking marijuana), 60 (1) 2, and 4 (1) 1, and 2 subparagraph 3 (b) (one point for smoking marijuana) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. The first crime for the reason of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. (the range of recommending punishment), the medication, simple possession, etc. (one year to three years) of the aggravated area (one year to three years) of the same criminal record (the suspended execution of not more than three years) of the same criminal record (the suspended execution of not more than three years).