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(영문) 서울북부지방법원 2012.11.14 2012고단2340
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 13, 2005, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Act on the Control of Narcotics, Etc. (mariana) by his district court on September 13, 2005, and had more criminal records than twice for the same crime, and is not a person handling narcotics.

1. At around 20:00 on June 1, 2012, the Defendant, at the parking lot near the funeral hall in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, put in a tobacco dog and inhaleed the smoke by attaching a smoke equivalent to 0.5g of the hemp, which was possessed by an influence, into a tobacco dog.

The Defendant smoked marijuana as above.

2. On July 4, 2012, at around 22:30, the Defendant, at the place indicated in the preceding port, 0.5g of the hemp plant in possession of the background due to its influence, put the hemp plant in a tobacco dog and inhales its smoke by attaching a fire thereto.

The Defendant smoked marijuana as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a request for appraisal and an additional report on a request for appraisal;

1. Investigation report;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 61 (1) 4 and Article 3 (1) 10 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

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 Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order (type and classification), medication, simple possession, etc., and the second-class marijuana [territory] basic (Article 8-1 year and June) / [Suspension of Execution] negative reasons (Article 334(1) of the Criminal Procedure Act of the Republic of Korea, but the portion of not guilty

1. At around 14:00 on June 16, 2012, the Defendant, along with G, injected the hemp plant equivalent to oneg of the hemp plant, which was in possession of an influence with G, into each of its own gambling places and inhaled the said smoke by attaching a fire.

The Defendant smoked marijuana as above.

2. G, the direct evidence of the determination.

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