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(영문) 의정부지방법원 2015.10.12 2015고단1983
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 17:00 on October 2013, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in tobacco and inserting a smoke, at the parking lot of the Southern-gun, Pyeongtaek-si, Gyeonggi-do, where the date of October 2013 is unknown.

2. On November 201, 2014, the Defendant smoked approximately 0.5g of hemp in the mouths located in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and in the foregoing manner.

3. At around 15:00 on March 28, 2015, the Defendant smoked approximately 0.5g of marijuana in a dog located in Pyeongtaek-gun, Gyeonggi-do, in the foregoing manner.

4. On March 2015, the Defendant received marijuana by delivering approximately 10g of marijuana to C at the vicinity of the residence of Pyeongtaek-gun of Gyeonggi-do around the end of the end of the end of March, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Investigation report (as to the analysis, etc. of suspect A telephone content)

1. Records of seizure and the list of seizure;

1. Responses to a request for appraisal, and replys to a request for appraisal;

1. Report on the market price of narcotics;

1. Application of suspect telephone details and C copy of the judgment; and

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 (the point of receiving marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence concerning the crime;

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;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [150,00 won = (3 minutes of marijuana listed in paragraphs (1), 2, and (3) of the facts constituting the crime in the market 】 10,000 won x 10,000 won/g x 100,000 won/g) of the Act on the Control of Narcotics, etc.] is that the defendant smokes marijuana over three occasions, and dices marijuana of a considerable amount of marijuana to C, etc.

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