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(영문) 대전지방법원 서산지원 2015.01.06 2014고단972
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

On March 14, 2014, at around 14:00, the Defendant smoked once in a way that the Defendant collected and dried the hemp plant in the street in the DNA car, which was parked on the street near C funeral hall located in B at the time of Jinjin, in the manner that the Defendant gets out of stuffed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of the statutes on response to requests for appraisal;

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

1. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 20058, Feb. 1, 2008) is that there is no basic area (8 to 1 year and 6 months) of Types 2 (the scope of recommendation), medication, simple possession, etc. (the scope of 8 to 1 year and 6 months) [the person who has been sentenced to punishment] of the Defendant’s smoking of marijuana is an unfavorable condition to the Defendant, even though the Defendant had been sentenced three times for the same offense, and the Defendant has not been sentenced to punishment for the same offense since 2005, and is favorable to the Defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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