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(영문) 창원지방법원 2019.07.17 2019고단854
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

In spite of the fact that anyone is prohibited from smoking marijuana, the defendant, around 22:00 on December 3, 2018, removed the beginning of one tobacco smoke from the Cpark outdoor events located in Kimhae-si B, and then smoked in the way that he gets smoked by inserting the smoke by inserting the smoke one smoke at the site of the Cpark outdoor events located in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to notification of the results of small and medium medical examinations;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;

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. [Scope of Recommendation] 01. Medicationing, simple possession, etc. of Type 2 (mariana) in the basic area (the sentence of imprisonment between August and January 6) / [the decision of sentence] under the following circumstances, comprehensively taking into account the Defendant’s age, character and behavior, health conditions, the amount of marijuana handled by the Defendant, the details and circumstances of the instant crime, and various sentencing conditions, such as the following circumstances:

Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.

In 2014, the defendant committed the crime of this case without being aware of the record of punishment for suspended execution.

As a result of the defendant's maternity appraisal, marijuana ingredients were detected.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

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