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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2019.05.29 2019고단760
마약류관리에관한법률위반(대마)
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

1. Defendant A

A. On November 201, 2017, the Defendant smokes in marijuana by inserting the contents of tobacco on the street in front of the Kimhae-si, at around 19:00 to 20:00, after excluding the contents of tobacco in front of the city of Kimhae-si, inserting a smoke once in marijuana, attaching a fire, turning it back with B, and passing through a smoke;

B. On June 6, 2018, at around 20:00 to 21:00, the Defendant smoked marijuana by inserting the contents of tobacco at the same place, thereby putting in the same smoke once for marijuana, attaching a fire, and then passing a smoke.

2. The Defendant, at the time and place specified in paragraph (1) of this Article, smoked marijuana by inserting the contents of tobacco once in marijuana after deducting the contents of tobacco from the content of the tobacco at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the protocol of seizure and the table of request for appraisal;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc.;

(b) Defendant B: Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act (Defendant B) of the Criminal Act;

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

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The criteria for handling multiple crimes in the basic sphere of Defendant A [Scope of Recommendation] : Imprisonment with prison labor for six months or one year or more (one year or more) and the following circumstances, including the Defendant’s age, character and conduct, the substance and circumstances of the instant crime, and the circumstances after the commission of the crime, shall be determined as per the order, taking full account of the following circumstances:

(b)bed;

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