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(영문) 수원지방법원 2013.05.15 2012고단6033 (1)
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

3,000,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around September 23, 2010, the Defendant purchased and possessed the hemp seed coats of the hemp plant for the purpose of smoking at the street of 202, the Defendant purchased and possessed three grams of the hemp plant seed coats from E for three hundred thousand won for the purpose of smoking at the street of Mapo-gu Seoul, Seoul, and the Defendant purchased and possessed three hundred thousand won for the purpose of smoking, as shown in the attached Table 3, from the above date to November 23, 2010, as shown in the attached Table 3.

B. At around 22:00 at the end of November 2012, the Defendant smoked the hemp seed coats by inserting approximately 0.1g of hemp seed coats in the pipes made from the first floor toilets underground of the Seocho-gu Seoul Metropolitan Government F building, and attaching a fire thereto.

Summary of Evidence

1. Legal statements of the defendant and E;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Protocol of seizure by the prosecution;

1. Application of Acts and subordinate statutes to the written public prosecutor for summary trial;

1. Selection of Articles 61 (1) 4 (b), 3 subparagraph 10 (b), 61 (1) 4 (a), and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, as well as the selection of imprisonment with prison labor;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. In light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order led to the crime of this case during the period of probation for the same crime related to marijuana, a sentence of sentence against the defendant is unlikely to avoid, the defendant is against the defendant, and the defendant is a person who is a crime of this case, there is no particular criminal history other than the above crime, and the defendant is not deemed to have traded the marijuana.

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

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