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(영문) 대전지방법원 홍성지원 2018.02.20 2017고단858
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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

No person shall smoke or take in marijuana or marijuana seed coats.

Nevertheless, the Defendant, at around 23:00 on November 3, 2017, dumped tobacco at the Defendant’s residence, after removing the contents of tobacco, and attaching a smoke to “large tobacco” made by putting about 0.5g marijuana.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to C (tentative name);

1. The application of Acts and subordinate statutes of subparagraph (A) of the reply to a request for appraisal (2017-C-968), and narcotics appraisal report;

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In full view of the following circumstances in sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the punishment shall be determined as ordered by taking into account all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the crime.

The defendant's wrong and reflects his or her mistake, and the frequency of smoking was only once, and there is no criminal record for the same kind of crime and no criminal record for the last ten years.

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