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(영문) 의정부지방법원 2013.05.02 2013고단223

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on April 8, 201, and the judgment became final and conclusive on April 16, 2011.

1. The first-served crime on October 2010;

A. The Defendant, in collusion with C and D on October 19, 2010, smoked 1g of marijuana, which was parked in the front of the residence of D, located in D’s place of residence in D, Gangwon Iron-gun, Gangwon Iron-gun, in collusion with C and D on October 19, 201, with the following fire attached:

B. The Defendant, in collusion with C and D, smoked approximately 1g of marijuana in D’s mountain-est car parked near D’s F, Gangwon Iron, around 19:40 on the same day as the set forth in the preceding paragraph, in collusion with C and D, in the foregoing manner.

2. On October 2010, the Defendant, in collusion with C and D, smoked approximately 1g of marijuana in D’s mountain-est car parked in D’s parking lot located in Gangwon-gun G D D D D Dmpter around the mid-term 20:00 on October 2010.

3. On November 201, 2010, the Defendant conspiredd with C and D in collusion with the Defendant, and smoked approximately 1g of hemp in D’s mountain-est car parked at the H inspection parking lot of Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City on November 1, 2010, at around 20:00, as of November 1, 201.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Copy of the prosecutor's statement concerning C;

1. Investigation report (a copy of the protocol of suspect examination of D and attachment of judgment);

1. Criminal records, previous records and confirmations, and application of respective statutes of the judgment;

1. Article 61(1)8 and Article 3 subparag. 11 of the former Narcotics Control Act (Amended by Act No. 10786, Jun. 7, 2011); Articles 61(1)8 and 3 subparag. 11 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of each imprisonment with labor) for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62(1) of the Criminal Code recognizes and reflects his fault.