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(영문) 청주지방법원 영동지원 2013.05.30 2013고단63
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. Notwithstanding that the Defendant is not a person handling narcotics, on April 27, 2011, the Defendant: (a) taken marijuana from the fright-to-fright C in the Buddhist area in Seoul, and stored 17.11g among them in the Defendant’s house fright-to-fright 101, the Defendant stored it in the Defendant’s house fright-to-fright-fright 101, the Defendant kept it.

2. Notwithstanding that the Defendant is not a person handling narcotics, around April 19, 2013, at around 19:00, the Defendant: (a) placed in the air rackers adjacent to the Macheon-gun, Chungcheongnam-gun; (b) put in the air racks of one tobacco in the air racks; (c) took in the air racks of the marijuana, which were kept in custody as described in paragraph (1), and received marijuana free of charge, from F, who is a company partner.

3. The Defendant, at the time and place indicated in paragraph 2, smoked marijuana in such a way that the Defendant flashs the inner part of one cigarette, puts the flab by taking the flab from among marijuana kept in custody as described in paragraph 1, and attaching the flab to it.

4. On April 21, 2013, the Defendant smoked marijuana in the same manner as the above 3 at the Buddhist land located in Chungcheongnam-gun G, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written report on a request for appraisal and a written request for appraisal;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

1. Article 61 (1) 6 of the relevant Act and Articles 4 (1) 2 and 4 (1) 6 of the Act on the Selection of Narcotics, Etc. concerning Criminal Facts and the elective Control of Punishment (the choice of imprisonment, inclusive, with prison labor), Article 61 (1) 6 and 4 (1) 2 of the Narcotics Control Act (the occupation of receiving and receiving marijuana, the choice of imprisonment with prison labor), Article 61 (1) 4 (a) and Article 61 (1) 4 (1) and Article 3 (10) of the Act on the Control of Narcotics, Etc.;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes committed in violation of the Act on the Control of Narcotics, etc. (referring to as "a concurrent crimes committed in violation of the Act on the Control of Narcotics, etc." due to giving

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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