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(영문) 부산지방법원 동부지원 2017.10.26 2017고단1432

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

On March 12, 2017, at around 03:00, the Defendant smoked marijuana in a way that inhales marijuana tobacco containing an influoral marijuana from a club toilet in which the trade name in the Dontototo-Gu, ASEAN-si, Japan is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a reply to a request for appraisal, an investigation report (related to the suspect's stay in Japan), an investigation report (calculated with an additional collection charge), an investigation report (Attachment of an appraisal report and presumption related to the timing of smoking marijuana);

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

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 for the instant crime is that the instant crime inhales marijuana, and the nature of the crime is not good, and the Defendant has been punished for the same kind of crime.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant does not have any criminal record subject to the punishment exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes of Violation of the Act on the Control of Narcotics, Etc.: The group of narcotics crimes, medication, simple possession, etc., two types (ma., ma., ma., etc.)