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(영문) 창원지방법원 2015.10.02 2015고단1970
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

1. Around 15:00 on May 30, 2015, the Defendant, even though not a person handling narcotics, delivered approximately 3g of marijuana to B at the mutual infinite shop located in Kim Jong-si, Kim Jong-si, Kim Jong-si, and received it.

2. The Defendant, at around 15:30 on the same day as in the preceding paragraph, smoked in a way that 0.3g of marijuana was added to the place after the math of the Kimhae High School, which was located in the Kimhae-si, Kim Jong-si, and the head of the math of the math.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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

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. Probation under Article 62-2 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] medication, simple possession, etc. of the second category (math (math, etc.) [the decision of sentence] that there is no person who is a special person] [the decision of sentence] [the decision of sentence] reflects the defendant's wrongness; the defendant has no criminal records; the defendant has no criminal records for the same kind of crime; the circumstances of the crime in this case; the amount of marijuana delivered; the number of marijuana delivered; the defendant's age and health conditions; and all other factors of sentencing including the environment shall be determined as per the order.

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