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(영문) 서울중앙지방법원 2013.11.28 2013고단6579
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 of the final judgment.

Reasons

Punishment of the crime

In spite of the fact that no person smokes marijuana, the Defendant smoked marijuana as follows:

1. On October 20, 2012, at the Defendant’s house of Seocho-gu Seoul Metropolitan Government B 203 around 20:0, the Defendant smoked marijuana in collusion with C by reducing the tobacco leaves of the general tobacco, putting about 0.5g of marijuana in the tobacco in question, attaching a fire to the marijuana tobacco produced by inserting about 0.5g, and then smoking it with C.

2. At around 20:00 on October 2012, the Defendant smoked marijuana in collusion with C, by inserting approximately 0.5g of marijuana into the pipe made by the instant Defendant’s house, and putting it into the pipe made by the gambling site, attaching a fire thereto, thereby spreading with C.

3. On February 1, 2013, around 06:00, the Defendant smoked marijuana in collusion with C in collusion with C at the house of Gangnam-gu Seoul Metropolitan Government D building 1204, and with the method referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect examination of the accused or C by the prosecution;

1. Each police investigation report;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 and Article 30 of the Criminal Act on the Control of Narcotics, etc. for Crimes;

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 ( normal consideration, such as the fact that a person does not commit a second offense, a second offense, or a second offense) is suspended from execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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