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(영문) 창원지방법원 2015.01.14 2014고단2984
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On May 2014, the Defendant: (a) Hamman Hamsung-gun, Godong-gun, Hamsung-gun, Hamsung-gun, added one tobacco smoking at the night near the bus terminal located in Sungsung-gun, and smoked by inserting approximately 0.5g of marijuana on the spot; and (b) string the smoke.

2. Around 10:00 on July 8, 2014, the Defendant smoked approximately 0.5g of marijuana at the “C” restaurant located in Kimhae-si B by the said method.

3. At around 12:00 on July 8, 2014, the Defendant carried approximately 2.55 g of marijuana in a c “C” restaurant, with a view to smoking.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each written appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of smoking marijuana), Article 61 (1) 4 (b), Article 3 subparagraph 10 (the point of smoking marijuana), and Article 61 (1) 4 (1) 4 (b), and Article 3 subparagraph 10 (the point of smoking marijuana) of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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 on the stay of execution (see, e.g., Article 62 (1) of the same Act);

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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