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(영문) 창원지방법원 2019.01.31 2018고단3080
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant is not a narcotics handler.

1. Smoking marijuana;

A. On May 2018, the Defendant, along with B, smoked marijuana in a way of cutting off tobacco in the alleyway adjacent to the frequency of “D” trade name in the Seocho-si Kimhae-si, and inserting the smoke by inserting it into the marith of hemp (one smoking minute 0.05g) and turning it into the said B.

B. Around June 27, 2018, the Defendant, along with E and F, deducted tobacco belonging to H Park in G in Kimhae-si, Kimhae-si, and smoked marijuana in a way that the Defendant added it by inserting the ma, F, and f, with the smoke by inserting it into the ma, E, F, and Ama.

C. Around June 30, 2018, the Defendant, along with I, smoked marijuana in a way of cutting off tobacco in the public bath adjacent to the public bath, “K,” which is located in the J of Kimhae-si, and then inserting the mari volume of marijuana (one smoking minute 0.05g) by inserting it into the mari volume (one smoking minute 0.05g), making the smoke smooth with the said I, and mariing it.

The Defendant, around July 11, 2018, deducteds the neck of tobacco from the L and M at Kimhae-si L and, after putting the ma in the math of marijuana (one smoking minute 0.05 g), and smoked the math of marijuana in such a way that the smoke is frighten.

2. The Defendant delivered marijuana, at the time and place specified in paragraph (1) of this Article, delivered to B, without compensation, the non-smoking volume (0.05g for once smoking) remaining after smoking at the place.

3. Around July 14, 2018, the Defendant possessed marijuana by inserting approximately 12.9gg of marijuana in his/her main disease in Kimhae-si L and M.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Copy of each protocol of suspect examination;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (No. 9,11,17,21,26,32)

1. Relevant Articles and 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc. and the selection of punishment for a crime, respectively, and the selection of 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;

1. Probation;

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