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(영문) 의정부지방법원 2018.02.07 2017고단3058
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 1, 2016, the Defendant 17:00 on a lower order of 17:00, the Defendant smoked marijuana in a way that cut tobacco in the Defendant’s liquid fluoral car parked near B’s mountain path at Namyang-si, the Namyang-si, by inserting the fluoral of the hemp, and inserting the fluoral volume into the hemp, and attaching the fluor,

2. The Defendant received marijuana, at the time, at the place, and at the time, at which the entry in the preceding paragraph was made, and without compensation, the amount of the hemp tobacco in which three pieces of marijuana tobacco, can be made, by using the fluoral f

3. On September 2016, the Defendant received marijuana from the Defendant within the Defendant’s liquid e-car, which was parked near D at the Namyang-si, Namyang-si, 22:00, without compensation, the e-mail’s irregular capacity.

4. On February 26, 2017, the Defendant smoked marijuana by cutting the tobacco in the vicinity of the Republic of Korea, inserting the fluencies of the hemp, and attaching the fluencies to the fluencies of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Act (Smoking in the hemp plant), Article 61 (1) 6 and Article 4 (1) 2 of the same Act, and the selection of imprisonment for the hemp plant, respectively, concerning facts constituting an offense;

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. A self-denunciation who is in violation of the Act on the Control of Narcotics, Etc. (the scope of punishment for a violation of the Act on the Control of Narcotics, Etc.) in the mitigated area (the imprisonment for six months to ten months) (the imprisonment for a violation of the Act on the Control of Narcotics, etc.) for two types (the scope of punishment for a violation), medication, simple possession, etc.;

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of six months to one year and six months.

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