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(영문) 서울서부지방법원 2013.10.31 2013고단2399

마약류관리에관한법률위반(대마)

Text

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.

Reasons

Punishment of the crime

No person is allowed to smoke marijuana, but the defendant smokes marijuana over the following two occasions:

1. Around 21:00 on April 10, 2013, the Defendant: (a) received the amount of smoking once marijuana that D gets while parked in the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government Parking Lot; (b) received from the head of D’s EF car operation, which D gets a horse in the paper; and (c) smoked by attaching it as a Lter.

2. On May 14, 2013, at around 14:00, the Defendant smoked with D, using a tool for smoking water, the amount of hemp in possession of D at the house located in Yongsan-gu Seoul Metropolitan Government CB03, Yongsan-gu, Seoul, by using a tool for smoking water.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Application of Acts and subordinate statutes to a report on investigation (report on the assessment of narcotics and a surcharge);

1. Article 61 (1) 4 and Article 3 (1) 10 of the Act on the Management of Narcotics, Etc. and Selection of Penalty for Crimes, Articles 61 (1) 4 and 310 of the same Act

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 (i.e., confession and reflect, and consideration of the same or serious criminal records);

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