logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.09.24 2014고단1853
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 of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Smoking marijuana;

A. On April 30, 2014, the Defendant smoked in the foregoing “C” restaurant by the foregoing method.

B. Around May 15, 2014, the Defendant smoked in the foregoing “C” restaurant by the foregoing method.

2. At around 17:50 on May 16, 2014, the Defendant, holding marijuana, kept approximately 0.89g of hemp in a package in a cafeteria below the said “C” restaurant, and carried marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Requests for appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. The relevant Article of the Act on the Control of Narcotics, etc. and the Selection of Punishment for the Crime, Articles 61 (1) 4 (a) and 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 4 (1) 2 (the point of holding marijuana for smoking) of the Act on the Control of Narcotics, etc. and the Selection of Imprisonment with prison labor

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, which is against the defendant, relatively insignificant for the purpose of smoking marijuana and smoking, and the first offender

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

arrow