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(영문) 서울남부지방법원 2012.05.30 2012고단1083

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 8, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Daejeon District Court’s red support on December 8, 2010 and two years of suspension of execution was decided on December 16, 2010, and is not a person handling narcotics for the present period of suspension of execution.

1. On May 22, 201, the Defendant: (a) around 22:00, at the residence of the E located in Chungcheongnam-gun Hong-gun: (b) made the hemp tobacco containing approximately 0.5g of smoking once in the hemp plant; and (c) smoked in a way of smoking with a fire attached thereto.

2. On December 12, 201, the Defendant collected approximately 0.5g of the hemp plant, which was a wild person in the vicinity of the Hongsung-gun F, Hong-gun, Hongnam, and possessed the hemp plant in a way that the Defendant was placed in the cargo truck column operated by the Defendant.

3. On March 1, 2012, the Defendant: (a) around 21:00, at the Defendant’s residence in Chungcheongnam-gun Hong-gun Hong-gun G, smoked in a way that the Defendant made the hemp tobacco containing approximately 0.5g of smoking once, in which the Defendant she was in possession, of one cigarette in a horse, and collected and possessed in that manner, after making the hemp tobacco containing approximately 0.5g of smoking at a time.

Summary of Evidence

1. Statement by the defendant in court;

1. A narcotics appraisal statement (Ⅱ);

1. A narcotics appraisal statement (20 pages of investigation records);

1. Data concerning a report on investigation (related to the calculation of an additional collection charge) and a monthly trend of narcotics for autopsy;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and violence;

1. Article 61 (1) 8, Article 3 (11) 1 of the Act on the Control of Narcotics, etc. (the occupation of smoking marijuana and the choice of imprisonment), Articles 61 (1) 7 and 4 (1) of the Act on the Control of Narcotics, etc. (the occupation of carrying marijuana and the choice of imprisonment) concerning criminal facts;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;