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(영문) 서울북부지방법원 2014.02.13 2013고단3093
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics,

1. On November 17, 2013, at around 24:00, smoking by inserting in a tobacco dog a amount equivalent to 0.5g of the hemp plant possessed by the defendant in his/her dwelling place in Dobong-gu Seoul Metropolitan Government as well as by smelting the smoke by inserting it into a tobacco dog;

2. On November 20, 2013, around 10:00, smoking is made in such a manner that, in the residence of the above accused, an amount equivalent to 0.5g of the hemp plants possessed by reasons of an unforeseen circumstance is put in a tobacco dog and the smoke is inhaled by attaching it thereto;

3. From October 9, 2013 to November 21, 2013, around November 21, 2013, the Defendant carried 1.17g of hemps into a gambling house for the purpose of smoking until the police officers are arrested at the above Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the protocol of seizure and the list of seizure, hemp photographs and requests for appraisal;

1. Article 61 (1) 4, subparagraph 10 (a) and (b) of Article 3, Article 347 (1) of the Criminal Act and Article 347 (1) of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection

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;

1. The reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. shall be determined as the sentence in consideration of the fact that the Defendant is currently suffering from a rare disease, and that the Defendant appears to have committed the instant crime in order to alleviate the pain thereof, and that it reflects the depth thereof, etc.

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