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(영문) 서울중앙지방법원 2015.02.12 2014고단8063
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. On July 2014, the Defendant, who parked in a Buddhist area of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul”), dyp X-ray car, dypnife the Defendant’s tobacco, and dypnizes one cigarette, and dypizes it by inserting the math of marijuana with the fyp and dyp of it.

Accordingly, the Defendant smoked marijuana.

2. On September 201, 2014, the Defendant dump dump dump, parked in the fump of Gangnam-gu Seoul Metropolitan Government (Seoul) no more than Gangnam-gu (hereinafter “Seoul”), fump fump fump fump fump, and dump the fump by inserting the maum of marijuana with the fla

Accordingly, the Defendant smoked marijuana.

3. The Defendant is not a person handling narcotics.

around 15:20 on October 4, 2014, the Defendant, a new distribution in Seocho-gu Seoul Metropolitan Government, stored approximately 305.3g of marijuana in a shopping mall for travel within the ridge of 176 car, which was parked in front of the 176 New World department store.

Accordingly, the defendant possessed marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Police seizure records;

1. Application of each statute of appraisal;

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3, Article 61 (1) 6 of the Narcotics Control Act and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for an offense;

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

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

4. Probation of the Criminal Act;

5. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

6. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the range of recommending punishment] from August to two years (the result of the multiple guidelines for processing a crime] [the decision of sentencing] that the defendant led to the confession of the crime, the amount of marijuana in his possession is considerable, and the amount of the same crime is sentenced to a fine.

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