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(영문) 춘천지방법원 원주지원 2016.04.26 2016고단126

마약류관리에관한법률위반(대마)

Text

A person shall be punished by imprisonment with prison labor for not less than six months for each crime of Article 2 of the judgment of the defendant.

Punishment for the crime No. 1 in the judgment of the defendant.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Narcotics Control Act (mariju) in the Chuncheon District Court's original branch, and the judgment became final and conclusive on February 24, 2015.

1. Around January 2015, the Defendant, holding marijuana for smoking purposes, found wild marijuana at the entrance of “D” located in “D” in “C,” and collected a quantity equivalent to 1/4 of the paper cup 1/4 to smoke.

Accordingly, the defendant possessed marijuana for the purpose of smoking.

2. Smoking marijuana;

A. On May 2015, the Defendant: (a) placed marijuana of the amount of smoking in the form of a tobacco paper on the side of the regional debate, called “F” located in “F” located in “F” located in “F”, which is the date of the Defendant: (b) around 20:00; (c) placed marijuana of the amount of smoking in possession as stated in paragraph (1) in the form of a tobacco paper; and (d) dye the smoke as soon as possible.

B. On September 2015, the Defendant smoked in the same place as “2-A” at around 18:00 as of September 2015, and in the same manner as “2-A”.

(c)

On October 2015, around 18:00, the Defendant smoked in the same place as “2-A”, and in the same manner, the amount of marijuana in a quantity of smoking once in the same manner.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of the result of examination of reagents;

1. Each response to a request for appraisal;

1. A report on investigation (amount additionally collected);

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions and reports on investigation (formers and attachment of judgments) shall apply to the statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of each marijuana smoking), Article 61 (1) 4 (b) and Article 61 subparagraph 10 (b) of the Narcotics, etc. Act on the Control of Narcotics, Etc., and Article 3 subparagraph 10 (b) of the Act on the Management of Narcotics, etc., concerning facts constituting an offense;

possession), each choice of imprisonment

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 latter part of Article 39(1) of the Exemption of Criminal Act (the criminal facts as indicated in the judgment)