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(영문) 대전지방법원 서산지원 2015.08.12 2015고단528
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is not a person handling narcotics.

1. On January 201, 2014, the Defendant, who violated the Act on the Control of Narcotics, etc. (mariju) around the early 20:00 on January 201, 201, smoked marijuana as soon as possible by inserting approximately 0.5gg of marijuana collected from the selling mountain in the same city to a tobacco paper, which was operated by the Defendant in the vicinity of the lake park located in Seosan-si, Eup/Myeon, Seosan-si.

2. On March 18, 2015, the Defendant, in violation of the Act on the Control of Narcotics, etc. (mariju) around March 18, 2015, parked near the lake park located in the Eup/Myeon of Seosan-si on March 18, 2015, around 20:0, the Defendant smoked marijuana as soon as possible by attaching approximately 0.5g of marijuana collected from the Donsan-si located in the same city to a tobacco-type car, and 0.5g of it, collected from the Donsan-si located in the same city, to a tobacco-type car.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes of one copy of a report on investigation (calculated of a surcharge), postmortem narcotics, and a copy of the monthly trend of narcotics and cancer trading price table;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc.

However, the same sentence as the order shall be determined by comprehensively taking into account the fact that there is no criminal record of the same kind after 2003 and all the conditions of sentencing as shown in the records and arguments of this case.

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