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(영문) 수원지방법원 평택지원 2017.06.22 2017고단939
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 8, 2017, the Defendant: (a) laid a cump 405 of the Defendant’s residence by drilling the hole on a plastic water disease; (b) laid the marijuana contained in the gambling site on the given plastic water disease by burning and burning it with fire; and (c) smoked in a manner of inhaleing the hemp by promptly using the boom.

2. On April 15, 2017, from around April 17, 2017 to April 17, 2017, the Defendant: (a) sticked to a hole of the Defendant’s residence, an inner croud 405, which is the Defendant’s residence; (b) carried the marijuana sealed on the plastic water disease; and (c) carried the marijuana on the said plastic water disease by burning it with a fire; and (d) smoked in a way of inhaleing the hemp by promptly using it.

3. On May 5, 2017, at around 09:00, the Defendant: (a) sticked a cudio 405 of plastic water disease when the Defendant’s residence, which is the Defendant’s dwelling; (b) stuck the marijuana, which is contained in the stuff, on the water of the said plastic disease; (c) loaded the marijuana on the water of the said plastic disease with a fire with a fire attached; and (d) smoked in a way of smoking the marijuana by using the bomb.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to simplified test results, drilling (in response to a request for appraisal), drilling (a narcotic appraisal report and drug toxic appraisal report);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime;

- The nature of each of the crimes in this case is not less than that of the mother and nationality of the Defendant.

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