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(영문) 수원지방법원 2014.07.02 2014고단1676
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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, who is not a person handling narcotics, was prohibited from smoking or taking in marijuana, but smoked as follows.

1. On July 2013, the Defendant: (a) made a pipe by horse in the Defendant’s residence located in G apartment 5304, 204, 204-204, the Defendant 2 weeks of marijuana, i.e., he collected and dried, and dried in 2 weeks of marijuana, a company located within the wife population D; and (b) smoked in the manner of smoking, in which the Defendant collected, dried, and dried, in a smooth manner, the marijuana leaves in the lower part of the building, a company located within the wife population D.

2. On July 2013, the Defendant smoked marijuana in the same place as, and in the same manner, at the same time as, a policeman.

3. On August 2013, the Defendant smoked marijuana in the same place as, and in the same manner, at the same time as, a policeman.

4. On September 2013, the Defendant smoked marijuana at the same place as, and in the same manner, at the same time as, a policeman.

5. On September 2013, the Defendant smoked marijuana in the same place as, and in the same manner, at the same time as, a policeman.

6. On October 2013, the Defendant smoked marijuana at the same place as, and in the same manner, at the same time as, the first police officer.

7. On October 2013, the Defendant smoked marijuana in the same place as, and in the same manner, at the same time as, a policeman.

8. On November 3, 2013, the Defendant smoked marijuana at the same place as the above paragraph (1) and in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of each statute of appraisal;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

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 (i.e., confession, reflectivity, self-denunciation, and the fact that there is no record of punishment for the same crime) ;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Special Sentencings): The portion not guilty for six months from June to October of the self-denunciation [the scope of recommendations]; and

1. The facts charged.

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