beta
(영문) 대구지방법원 2014.07.17 2014고단2554

마약류관리에관한법률위반(대마)

Text

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

However, 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

No person shall smoke in marijuana.

1. On Oct. 1, 2013, the Defendant: (a) on Oct. 1, 2013, Seopopool Btel 722; (b) on Aug. 2013, the Defendant, collected approximately 1g of marijuana in the vicinity of the D in Daegu, Daegu, was smoking in a way of cutting the stuffs inside the pipe form, inserting it into the pipe form, and inhale it with a fire attached thereto.

2. On October 2013, the Defendant smoked approximately 1g of marijuana collected at events near the Franpo City E in Seocho-si, in the same manner as the above 1g of marijuana.

3. On November 11, 2013, the Defendant smoked approximately 1g of marijuana, among marijuana collected in the same manner as the above paragraph 1, from November 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. 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;

1. The proviso to Article 67 of the Narcotics Control Act;

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, Type 1 (Scope of Recommendation), Medication, simple possession, etc. (Scope of Recommendation), and Type 2 (Sae. (Sa. items (d. items (e., items (e) and (e))) (Scope of Recommendation), the basic area of medication, simple possession, etc. (the scope of Recommendation), types 2 (Sa. items (d. items (e) and (e), etc.) (the scope of Recommendation), the basic area of administration, simple possession, etc. (8-1 year and 16 months) (the scope of Recommendation), the 3-crimes without the defendant's power, the basic area of administration, simple possession, etc. (the scope of Recommendation), types 2 (d) (Ra. (d. items (e) and (e), etc.) of marijuana), basic area (8-16 months) [no special form of punishment] [the scope of final punishment according to the aggravated majority of crimes: August 29-29/ [the defendant has no power of the same kind of punishment]