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(영문) 대전지방법원 서산지원 2016.05.26 2016고단200
마약류관리에관한법률위반(대마)
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 2015, 2015, the Defendant, who received marijuana, received it from D without compensation, from C offices located in Jin-si, Jin-si, Seoul at the lower end of November 1, 2015.

2. The Defendant, who smoked marijuana, was on January 2016, operated by a person who was parked in a fel near the Felel in E at the early stage of the first time on January 2016.

G-Woo-Woo-Woo-Woo A-Woo A-Woo, put about approximately 0.2 g of hemp in tobacco sold in the city, and smoked in a way of promptly putting a fire into the city.

3. On January 26, 2016, the Defendant smoked marijuana: (a) around 15:00 around January 26, 2016, in a manner that, within the said A-to-pur vehicle parked in the same place as indicated in paragraph (2) around 15:0, the Defendant stored it in tobacco sold at the time, from among the time, approximately 0.1g of marijuana, and then smoked as soon as possible by attaching a fire.

4. On January 29, 2016, the Defendant, holding marijuana for the purpose of smoking, carried marijuana for the purpose of smoking by keeping it in a sealed state 0.308gg of marijuana in the place specified in paragraph (1) at around 14:30 on January 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the seized articles, marijuana photographs and the written appraisal of narcotics;

1. Relevant legal provisions of the Act on the Control of Narcotics, etc. and the point of giving and receiving marijuana selected for a criminal offense: The point of smoking marijuana under Articles 61(1)6 and 4(1)4(a) and 3 subparag. 10 of the Act on the Control of Narcotics, etc.: The point of holding marijuana for the purpose of smoking under Articles 61(1)4(b) and 61 subparag. 4(1)4(b) and 3 subparag. 10 of the Narcotics, etc. Act: Imprisonment with prison labor selected under Articles 61(1)4(b) and 3 subparag. 10 of the same Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Two types of crimes (the scope of recommended punishment), including medication, simple possession, etc. (the hemp, d., item (e) and item (e) of the Act on the Control of Narcotics, Etc. (the calculation of a surcharge and a report on the market investigation) for the reasons of sentencing (the scope of punishment) under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (the 2nd month from August to June).

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