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(영문) 의정부지방법원 2017.12.15 2017고단4639
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant smoked marijuana acquired by an inorganic way four times as follows:

1. On February 2, 2017, the Defendant: (a) smoked marijuana on the street in an instituous situation at the early 20:00 a.e., at a stituous time; (b) by attaching the marith institu, the frith institus with the hin institus; and (c) by using the marith method.

2. On May 2017, the Defendant: (a) smoked marijuana on the street in an insular situation at the beginning of May 2017, 2017 at a 20:00 square meters or less; (b) in a way that the mariths were attached to the ma in the paper, with the har, with the maroropo, and the maris were cut.

3. On July 1, 2017, at around 16:00, the Defendant smoked marijuana one time in the parking lot near the “J” house located in Namyang-si I, Namyang-si, by attaching the marithic quantity of marijuana to the H, which is a paper-roer with the ma and flater, with the ma.

4. On July 16, 2017, at around 20:00, the Defendant smoked marijuana one time by attaching the marith in front of the Defendant’s residence, in front of the Defendant’s residence, and by attaching the marith in a way that the marith of marijuana to the mariter, marith.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Police seizure records;

1. Application of each statute of appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Penalty for the Crime, Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment with prison labor;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. A self-denunciation who is in violation of the Act on the Control of Narcotics, Etc. (the scope of punishment for a violation of the Act on the Control of Narcotics, Etc.) in the mitigated area (the imprisonment for six months to ten months) (the imprisonment for a violation of the Act on the Control of Narcotics, etc.) for two types (the scope of punishment for a violation), medication, simple possession, etc.;

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of six months from one year to six months;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence; and

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