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A defendant shall be punished by imprisonment for not less than eight months.
1,50 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Power] On June 20, 2012, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on June 20, 2012 and was not a person handling narcotics.
【Criminal Facts】
The Defendant from around August 12, 2013
8. 21.Between the 21.m. bordering, smoking was made in an influence of the hemp plant in a non-fluence manner.
Summary of Evidence
1. Each request for appraisal;
1. Investigation report (the date and time of crimes and the attachment of research papers), investigation report (the designation of crime places according to the analysis of details of currencies);
1. Previous convictions in judgment: Criminal records and the application of Acts and subordinate statutes governing the judgment;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;
1. The defendant and his/her defense counsel's argument regarding the argument of the defendant and his/her defense counsel under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (one-time price for marijuana) were not specified in the facts charged, and the defendant and his/her defense counsel did not have smoke
First, we examine whether the facts charged are specified.
The date of the charge of this case was specified in consideration of both the date and time of the Defendant’s recovery, the length of hair, and the period of discharge after smoking in marijuana.
The location of the facts charged was specified by the statement of the defendant about the residence and the place of communication of the defendant and the mobile phone calls of the defendant.
Ultimately, the facts charged in this case are determined to be specified to the extent that it does not infringe the defendant's right of defense.
Next, we examine whether the Defendant smokes marijuana at the date and place indicated in the facts charged of the instant case.
The defendant and his defense counsel were prescribed by the defendant around March and April, 2013 due to hive disc, urology, etc., or around 201, China.