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(영문) 대전지방법원 천안지원 2016.11.29 2016고단1788
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 is not a person handling narcotics.

1. Around July 2016, the Defendant, along with C, smoked marijuana in a “E” parking lot located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, at around 17:00 as of July 2016, by inserting tobacco, inserting the fluor of the hemp into the fluor of the hemp, and inserting the fluor of the hemp into the fluor of the fluor of the hemp.

2. On August 9, 2016, the Defendant smoked marijuana with F, G, and H on August 9, 2016, at the “J” parking lot located in Chungcheongnam-si I, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, around 15:00 on August 9, 2016, the Defendant smoked marijuana in a way that the Defendant fluencies tobacco, puts in the fluor in the fluor, puts the fluor in the fluor in the f

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Seizure records;

1. Ratifications and reports on requests for appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) and Article 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and the Selection of Imprisonment with prison labor, Article 30 of the Criminal Act;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The sentencing period under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is set lower than the sentencing zone in consideration of the following two factors: (a) the basic area (8 to 1 year and 6 months) of Types 2 (ma), including medication, simple possession, etc. (the scope of recommending punishment); (b) the basic area (8 to 1 year and 6 months) of the Act on the Control of Narcotics, etc. (the decision of sentence); (c) the decision of sentence has no record of crime and criminal records of the same kind for the last five years; and (d) the fact

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