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(영문) 의정부지방법원 2015.04.14 2014고단4126
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 12, 2010, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in a pipe near the Cgymnasium located in Maumna City B, Maumna, and attaching a fire to a pipe made of Aluminum.

2. On August 12, 2010, the Defendant stopped around 12:00 in the middle of August 2010, the Defendant smoked about 0.5g of marijuana in the Defendant’s car stopped near Dobong-gu Seoul Metropolitan Government Dtel.

3. On August 2010, the Defendant smoked in a private house with approximately 0.5g of marijuana, where it is difficult to find out the trade name near the Jincheon-gun, Gyeonggi-do.

4. On September 201, 2014, the Defendant smoked approximately 0.5g of marijuana in the area near the mobilization apartment located in Yyangdong-dong, in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes to investigation reports (report on prices for cancer trafficking in narcotics);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. and the selection of punishment for crimes and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., and there is no basic area (8 to 1 year and 6 months) (8-1 year and 6 months) of the Act on the Control of Narcotics, Etc. [decision of sentence] [decision of sentence] The Defendant, who was sentenced to suspended sentence due to smoking marijuana, started with smoking marijuana and committed several crimes during the suspended sentence.

However, the period of suspension of execution has expired, only simple medication crimes, and the defendant's mistake is divided.

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