logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.12.09 2013고단3360
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall conduct any act of smoking or taking in marijuana or its seed coats, and shall conduct any act of carrying marijuana, its seeds, or its seed coats for the purpose of smoking or taking in.

1. Around 01:00 on July 5, 2012, the Defendant possessed marijuana by means of inserting it into one’s own home in order to smoke after being delivered with a large amount of marijuana from C in the vicinity of the Si where he was permanently stationed in North Korea.

2. On July 6, 2012, the Defendant: (a) around night, around the night, at a garbage incineration plant near the Gyeonggi-si; (b) made one cigarette containing approximately 0.5g of marijuana among marijuana possessed in the same manner as “paragraph 1”; (c) made one cigarette containing approximately 0.5g of marijuana; and (d) smoked marijuana by smoking in the container.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the second police interrogation protocol regarding C;

1. Investigation report (the grounds of the suspect's lawsuit, the result of the maternity appraisal and examination, the examination of evidence No. 269);

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 61 (1) 4 (b), Article 3 subparagraph 10 (b) (the point of holding marijuana and the choice of imprisonment), Article 61 (1) 4 (a), and subparagraph 10 (a) (the point of smoking marijuana and the choice of imprisonment) of Article 3 of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1134, Apr. 2, 2011);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. At least the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1,500 won = 1,500 won for one smoking time) shall be applicable;

arrow