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(영문) 의정부지방법원 2015.01.07 2014고합299

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Each of the facts charged in this case.

Reasons

Punishment of the crime

1. On October 15, 2013, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in tobacco and attaching a fire, at a restaurant where the trade name in the repair of the steel base of the Gangwon-won is unknown, among which October 15, 2013 was around 15:0.

2. On April 15, 2014, the Defendant smoked marijuana within a passenger car parked in the sports park parking lot located in Macheon-si, 15:00.

Summary of Evidence

1. Part of the witness C’s legal statement;

1. An interrogation protocol of the accused by the prosecution (three times and fourth time);

1. Written requests for appraisal, notification on the results of the appraisal of narcotics;

1. An investigation report (report on the price of the hemp grassland trade) (the defendant and his defense counsel asserted that the hemp did not smoke at each time and place of the judgment. However, the following circumstances acknowledged by the evidence revealed earlier, namely, ① the confession of each crime committed by the defendant at the stage of investigation by the prosecution, ② the test of the defendant's hair taken on January 11, 2014, which is the length of 3 to 4.5cm, led to a response to the cultivation of the hemp. This can be seen as having been sufficiently recognized by the defendant's body during the period from the end of August 2013 to October 2013, 300 to the defendant's body during the period from the end of August 17, 2013. As a result, the reaction between the defendant's hair and the defendant's body during the period from 20 to 200 meters from the 20th day of June 17, 2014 can be seen as having been applied to the defendant's body.

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc., for which the relevant Article of the Act on Criminal Facts and the Selection of Penalty are applicable;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.