Text
A defendant shall be punished by imprisonment for six months.
The seized hemp net (No. 1) shall be confiscated.
Reasons
Punishment of the crime
1. A special larceny Defendant conspired with C on July 27, 2012, and around 01:50 on July 27, 2012, the Defendant driving D taxi vehicles, and C was on the victim F, who was adjacent to the E branch, at the time of getting on and off the said vehicle, to the hemp field of the victim F.
In the hemp field of the above victim, the defendant reported the network, and C opened 0.5gs in the order of marijuana by hand on his hand.
Accordingly, the defendant stolen marijuana owned by the victim in collaboration with C.
2. No person who violates the provisions of the Act on the Control of Narcotics, etc. shall carry marijuana, hemp seeds, or hemp seed coats for the purpose of smoking or taking in marijuana or marijuana seed coats;
The Defendant, with the intent of smoking, opened and 0.5gs for marijuana, on July 27, 2012, on the ground that C was in the field of marijuana located adjacent to the E branch, in the same manner as C and 01:50 on July 27, 2012.
Accordingly, the defendant, in collusion with C, possessed marijuana for the purpose of smoking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes concerning seizure records and requests for appraisal;
1. Relevant provisions of the Criminal Act and Articles 331(2) and (1), and 30 of the Criminal Act that apply to criminal facts, the choice of punishment, and Articles 61(1)4 and (b), and 33 subparag. 10 of the Act on the Control of Narcotics, Etc. (the possession of marijuana and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The defendant, on the grounds of sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics, etc., was sentenced to imprisonment with prison labor for not less than six months on the grounds of the violation of the Act on the Control of Narcotics, etc. in 209 and carried marijuana together as indicated in the judgment despite the fact that he had been sentenced to