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(영문) 창원지방법원 2014.09.23 2014고단1504

마약류관리에관한법률위반(대마)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant, around August 31, 2013, parked on the front road C in Kimhae-si, Kim Jong-si, Dok-si, Dak-si, Dak-si, added one tobacco smoke on the flash and smoked in a way that added a smoke to the flash and added a flash.

2. On November 2013, 2013, the Defendant smoked in the house of the Seocho-si Kim Jong-si, Kim Jong-si, in the same manner as the above paragraph 1.

3. Around February 24, 2014, the Defendant smoked in the mari-mathic quantity of marijuana in the Defendant’s house, Kimhae-si G apartment No. 5 and 403, the same manner as the above 1.

4. Around February 26, 2014, the Defendant, at the above Defendant’s home, put marijuana into three wings, and carried approximately KRW 48.7g in total at the above wing car, where he parked the bags containing marijuana in front of the above house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of each seizure protocol and each appraisal report to Acts and subordinate statutes;

1. Article 61 (1) 4 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) (the point of carrying marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively, for the crime;

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

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

5. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

6. The scope of the final sentence due to the aggravation of multiple offenses in the basic area (8 to 1.6 months) of Types 2 (ma) (ma) of the Act on the Control of Narcotics, Etc.: The defendant, who had the record of punishment for the same kind of offense, committed each of the crimes of this case in August to 2 of 8, 200, also committed each of the crimes of this case.

(b).