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(영문) 의정부지방법원 2013.10.17 2013고단2638
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall smoke marijuana or marijuana seed coats.

1. On February 2013, 2013, the Defendant discovered marijuana from a factory yard near Dongbcheon-si, and collected two marijuana leaves: (a) as a result, she spawed the tobacco’s first part of the tobacco’s tobacco; (b) made a single item of “mari tobacco” in the two pages of the marijuana leaves; and (c) she spawed it into the container and smoke.

2. The Defendant, after committing the crime of paragraph (1), 2 hours more than 10 hours after committing the crime of paragraph (1), saved a tobacco smoke part of the tobacco in the same place, and added a “mariju tobacco” in the name of “mariju tobacco” in which the remainder of the tobacco leaves after smoking as above, added a single cigarette, and smoked by smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (A's report on internal investigation is accompanied by an appraisal report);

1. Report on internal investigation (A's response to a response to the results of the ambiguous appraisal);

1. Application of Acts and subordinate statutes to a criminal investigation report (market investigation of narcotics and calculation of additional collection charges);

1. Article 61 (1) 4 (a) and subparagraph 10 of Article 3 of the Act on the Control of Narcotics, Etc., for the sake of facts constituting an offense (the point of smoking marijuana and the choice of each 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. Article 62 (1) of the Criminal Act ( considered favorable circumstances required for the following reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (3,00 won for additional collection = 1,500 won for one smoking = 1,500 won x2 times) records and records, such as the circumstances favorable to the defendant, such as the fact that the defendant has a mother of age who should support the defendant, and the fact that the defendant has several records of punishment for the same kind of crime including his previous convictions, and records, such as the defendant's age, environment, background of the crime, circumstances after the crime.

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