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(영문) 서울중앙지방법원 2015.03.13 2015고합32
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

1. On September 2014, the Defendant purchased mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-Man

2. Smoking marijuana;

A. On September 2014, 2014, the Defendant, at the Dju shop located in Gangnam-gu Seoul Metropolitan Government, smoked by making the fluencies among marijuana purchased, as described in paragraph (1), as fluencing in the gambling place, after making the fluencies like tobacco, and fluening a smoke generated by attaching a fire

B. Around October 16, 2014, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul, smoked in the way of making the fluencies among marijuana purchased, as described in paragraph (1), as a paper tobacco, and fluening the smoke generated by attaching a fire.

C. Around October 19, 2014, the Defendant, at the Defendant’s house located in Gangnam-gu Seoul, smoked in a way that, as described in paragraph (1), the fluencies among marijuana purchased from the Defendant’s house in Gangnam-gu, Seoul, made the fluencies of marijuana, and fluen the smoke generated by attaching a fire.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. As for the examination of eurines, written confirmation and confirmation, investigation report (the results of preliminary examination) and investigation report (the results of precise appraisal of eurines);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 59 (1) 7, subparagraph 9 of Article 3, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Article 3 of the Act on the Management of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. due to Sale and Purchase of mari

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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