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(영문) 서울중앙지방법원 2015.03.12 2015고단391
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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 the fact that the Defendant is not a narcotics handler, around October 5, 2014, collected two tobacco consumption wild marijuana in the area of DY located in Namyang-si, Namyang-si, and around October 9, 2014, the Defendant carried the said marijuana in the vicinity of the South Korean bicycle lane shelter located in the Namyang-si, Namyang-si, and carried it in a separate bank.

2. Notwithstanding the fact that the receiving suspect of marijuana is not a narcotics handler, around October 9, 2014, at the vicinity of the South Korean bicycle lane rest located in Namyang-si, Namyang-si, 80-11, the receiving suspect delivered and received marijuana, free of charge, among marijuana possessed as referred to in the above paragraph 1.

3. Notwithstanding the fact that the Defendant was prohibited from smoking marijuana, on January 1, 2015, the Defendant smoked marijuana in the Western game room located in Pyeongtaek-gun F of the game, which was held as referred to in the foregoing 1., with the mashing of a half of the amount of marijuana, among marijuana possessed as referred to in the foregoing 1., and then made it as a kind of tobacco, and then mashs the smoke generated by attaching the fire.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. Application of each statute of appraisal;

1. Articles 61 (1) 6, 4 (1) 2 (the possession, receipt, and delivery, of marijuana), 61 (1) 4 (a), and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommending punishment) (the result of a multiple crime processing standards) (the result of a decision of sentencing): A favorable circumstance that has been sentenced to a fine due to the same kind of crime: A crime is committed.

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