마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is not a person handling narcotics.
1. On March 21, 2013, the Defendant: (a) decided to purchase marijuana from C on the Internet website’s various bulletin boards; and (b) transferred KRW 500,000 to the Nonghyup’s account designated by C, but did not carry the said intent at the wind that C does not send marijuana.
2. At around 14:00 on April 30, 2013, the Defendant: (a) opened a tobacco gambling site in which approximately 1g of marijuana was cut off from E at the E’s house located in the Young-gu, Busan; (b) removed a tobacco gambling site; and (c) made marijuana in the gambling site; and (d) smoked in such a way as to smoke in the way of smoking.
3. At around 15:00 on May 7, 2013, the Defendant: (a) opened a tobacco gambling site in which approximately 1g of marijuana is cut off from E from the above E’s house; (b) removed a tobacco gambling site; (c) stored marijuana in the relevant gambling site; and (d) made the marijuana tobacco by smoking in a way of smoking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding C;
1. Each report on internal investigation (No. 3 and 4 No. 5 of the evidence list);
1. Application of Acts and subordinate statutes to each investigation report (No. 10, 13, 14, and 18 No. 18 of the evidence list);
1. Article 61 (1) 4 (a), Article 61 (3) and 61 (1) 4 (c) 4 (c), and subparagraph 10 of Article 3 of the Act on the Management of Narcotics, Etc. and Selection of Plastics for Criminal Facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( comprehensively considering all circumstances, such as the fact that there is no criminal record of the same kind and no criminal record of the suspended execution, that the detention of the defendant is accompanied by excessive difficulties for the family members, that the defendant's mistake is recognized, and that he is against the law);
1. Probation under Article 62-2 of the Criminal Act;
1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;