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(영문) 대전지방법원 천안지원 2015.09.18 2015고단1341
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

1. Even if the Defendant is not a person handling narcotics, at around 14:00, on the first day of September 2014, the Defendant received, without compensation, approximately 1g of marijuana (mamain leaf leaves) in the front day of D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and received it from D to a newspaper.

2. Smoking marijuana;

A. The Defendant smoked by inserting approximately 0.5g of marijuana received at the time and place specified in the preceding paragraph, in a pipe of tobacco made of Aluminum aluminium, attaching a roman’s smoke with a roman’s flab, making it possible for the Defendant to spread with D and flac.

B. On April 6, 2015, around 19:00, the Defendant: (a) deducteds the inner part of the tobacco dog from the dry field located in the Dong-gu, Dong-gu, Chungcheongnam-gu; (b) received tobacco dog in the same manner as referred to in the foregoing paragraph (1); (c) stored approximately 0.5gg of the marijuana remaining after smoking as referred to in the foregoing paragraph (a); and (d) smoked in a way that the smokes are cut off by attaching the bubb

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Articles 61 (1) 6 and 4 (1) 2 (the point of receiving marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a), and 31 (10) 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment with prison labor for each 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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Type 2 (Determination of Types), such as medication, simple possession, etc. (the determination of types), of the Act on the Control of Narcotics, etc. (the determination of types), by smoking marijuana, shall be based on the basic area (the determination of the recommended area), and 8 months to one year and six months;

(b) The type of violation of the Act on the Control of Narcotics, etc. (mariana) by the hemp waterways.

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