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(영문) 의정부지방법원 2015.02.09 2014고단4121
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 7, 2014 to around the 17th day of the same month, the Defendant smoked marijuana by means of inserting approximately 0.5g of marijuana in the pipe made of tobacco or stuffing paper in Seoul Jongno-gu, Jongno-gu, Seoul, or in the vicinity of Dental-gun C, or in the vicinity of Dental-gun, Gyeonggi-do.

Summary of Evidence

1. Each written request for appraisal (A's lawsuit or hair);

1. The details of telephone conversations (the defendant and his defense counsel may sufficiently recognize the facts that the defendant smoked marijuana in light of the contents of telephone calls for their appraisal, etc. while contesting that there exists no fact of smoking marijuana, and in light of the contents of telephone calls, etc.);

1. The defendant, who is sentenced to imprisonment for one year, has the record of being punished twice for the same kind of crime (not more than three years of suspended sentence) and has the record of being punished twice for the same crime, during the period of suspended sentence due to the same kind of crime, in light of the fact that he/she committed the instant crime during the period of suspended sentence under Article 61(1)4 (a) and Article 3 subparag. 10 (the point of smoking marijuana), Article 3 subparag. 10 (the choice of imprisonment), and the reason [the scope of recommending sentence] medication, simple possession, etc.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, the Defendants’ age, character and conduct, and family environment, shall be determined as per the disposition.

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