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(영문) 서울서부지방법원 2016.11.10 2016고단2951
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 dealt with the following narcotics, although there is no risk of handling narcotics:

1. On November 2015, the Defendant discovered marijuana that was born from the forest fire-fighting in the private control zone B adjacent to the private control zone located at the time of the sports in the middle and following the Defendant collected and built approximately 7.22g of marijuana, and the Defendant stored it in the ordinary tobacco lock, and carried it for the purpose of smoking.

2. On June 17, 2016, at around 08:10, the Defendant: (a) made approximately 0.5g of marijuana, among marijuana collected and possessed in a park within the Eunpyeong-gu Seoul apartment complex; (b) made it a non-hulled rice powder in his/her hand; and (c) made it in a tobacco stuffed place, and smoked marijuana in a way that the smoke is cut by attaching it in a rash with a rash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Written request for appraisal, reply to narcotics appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (estimated marijuana), investigation report (calculated additionally);

1. Article 61 (1) 4 (b) and (a) (the possession of marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor for each 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation], medication, simple possession, etc.

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