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(영문) 인천지방법원 2013.07.03 2013고단2797
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

Defendant is not a narcotics handler.

1. At around 14:00 on May 14, 2013, the Defendant smoked marijuana by attaching a fire to one of the tobacco produced by marijuana from a car parked in the D apartment parking lot in the Dong-gu Incheon Metropolitan City, and by inhaleing the smoke with E.

2. On May 15, 2013, at around 15:00, the Defendant smoked marijuana by attaching a fire to one of the tobacco produced by marijuana from the following factory sites located in Nam-gu Incheon, Nam-gu, Incheon, and by inhaleing the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, reports on inquiries, and investigation reports;

1. Application of Acts and subordinate statutes to a investigation report (report on the market value of marijuana), investigation report (report on the calculation of additional collection amount);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Management of Narcotics, Etc., by which the relevant Article of the Act on Criminal facts and the Selection of Punishment are applicable;

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 (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (3,00 won = 1,500 won x twice x 2 times) was found to have committed a second offense on the grounds of sentencing despite the fact that the defendant had been punished for the same kind of crime. However, the defendant did not repeat again for a considerable period from the date of the previous crime, and was detained in the first instance trial, and the defendant led to a confession of the crime of this case and misunderstanding as his own, and other various sentencing conditions, such as the defendant's age, environment, health conditions, etc., shall be taken into account, and probation, etc. shall be concurrently imposed.

It is so decided as per Disposition for the above reasons.

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