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(영문) 의정부지방법원 2016.05.09 2015고단4266
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

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

1. At around 17:00 on the lower order of September 2014, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in the pipe made of a pipe with a stuffed 0.5g, within a passenger car parked in the front parking lot of a pen operated by the Defendant located in the ironline B of Gangwon-do.

2. Around 12:00 on March 18, 2015, the Defendant smoked approximately 0.5g of marijuana in the above-mentioned toilets, and around 0.5g of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against pseudonym C;

1. A protocol of seizure and a list of seizure;

1. Application of each statute of appraisal;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Crimes and the Selection of Punishment for the Punishment of Specific Crimes;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant was sentenced to imprisonment for the same kind of offense in April of 201 with his/her imprisonment for the same offense in April of 201, the fact that the criminal records of the fine are four times due to other crimes, and that he/she was sentenced to the fine in four times due to the other crimes, taking into account all kinds of sentencing conditions unfavorable to the defendant, such as the defendant's age, sexual conduct and circumstances

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