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(영문) 서울북부지방법원 2014.05.15 2014고단262
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

On November 14, 2002, the Defendant was sentenced to a suspended sentence of two years in October, 200 to imprisonment for a violation of the Act on the Control of Narcotics, etc. (mariju) by the Seoul Northern District Court.

No person shall smoke marijuana, the defendant, even though he or she is unable to smoke,

1. On August 20, 2013, at least 21:00, the hemp plant smokes in a way that, in a numberless car parked on a road near the Defendant’s residence located Dongdaemun-gu Seoul Metropolitan Government, with an influence of its smoke, the hemp plant takes an amount equivalent to 0.5g (0.5g) by inserting it into a tobacco dog and inhale it with a fire attached thereto;

2. On August 21, 2013, around 22:00, around the above Defendant’s residence, the hemp amounting to 0.5g, which was occupied by a numberless passenger car parked on the road near the above Defendant’s residence, as an uneasible circumstance, was smoked in the above way.

Summary of Evidence

1. Defendant's legal statement;

1. A preliminary test report on narcotics and a statement of narcotics appraisal;

1. Application of Acts and subordinate statutes to an investigation report (sopphones and the market price of the hemp plants), and a monthly trend of narcotics with verification;

1. Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, etc. under the Relevant Acts concerning criminal facts;

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. The sentencing guidelines under Article 67 of the Act on the Control of Narcotics, Etc. shall be determined within the scope of the recommended sentencing guidelines (the basic area of two types, such as medication and simple possession), the circumstances leading to the instant crime, the method and manner of the instant crime, the criminal history, age, etc. of the accused;

It is so decided as per Disposition for the above reasons.

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