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(영문) 수원지방법원 안산지원 2013.11.28 2013고단2654
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

[Criminal Power] On November 3, 2006, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for violation of the Act on the Control of Narcotics, etc. at Suwon District Court.

【Criminal Facts】

1. On April 201, the Defendant, in collusion with B and C, deducted tobacco smoke from the street world near the road construction site D at the time of harmony with B and C, put it into the said site by filling the marith of marijuana possessed by B, and smoked in a way of smoking with a fire attached thereto.

2. At around August 2013, the Defendant collected 1 marijuana from the fishing place located in the Gangwon-do Stack line E, and smoked from the Defendant’s airspace near the Defendant’s house located in Ansan-si F, Ansan-si in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol (Duplicate) of C;

1. Report on internal investigation, report on seizure, each report on narcotics appraisal, and each report on investigation;

1. Application of Acts and subordinate statutes to criminal records;

1. Article 61 (1) 8 and Article 3 subparagraph 11 of the former Act on the Control of Narcotics, etc. (Act No. 932), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Suspension of execution (as for the defendant, there are criminal records of the same kind of probation, and in light of the method and consequence of each of the crimes in this case, there are circumstances unfavorable to the defendant, such as the nature of the crime and the heavy criminal situation. However, there is no sentence imposed on the defendant, and the defendant has a depth of his/her mistake, and his/her social relation is obvious and his/her detention is accompanied by excessive difficulty to his/her dependants, and other circumstances such as the motive and circumstance of each of the crimes in this case, the circumstances after the crime, the age of the defendant, occupation, family relation, and health condition are considered)

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