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(영문) 대전지방법원 홍성지원 2015.11.27 2015고단960
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

No person shall smoke marijuana.

1. On January 3, 2013, at around 22:00, the Defendant, along with B, deducted tobacco dust contained in one fluence of tobacco set forth in B located in the house room of Gyeyang-gu Incheon building C, Gyeyang-gu, Incheon, and smoked with a fire by inserting approximately 0.5g marijuana.

2. On April 2015, the Defendant smoked with D, along with D, approximately 0.5g of hemps on the gambling paper in the pipe pattern, which is operated by D, parked on the alleys alley sway located in Bosong-si, Bosong-si, Bosong-si.

3. On July 13, 2015, the Defendant, along with D, smoked with D, 0.5g marijuana on the a pipe-shaped gambling ground on the part of the Defendant’s earth car parked in the Flleyway located in E at night on July 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. under the relevant Article of the Act on the Control of Narcotics, etc. for Crimes;

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 and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] medication, simple possession, etc. of types 2 (ma) [the decision of sentence] of the basic area (8 to 1.6 months, etc.] [the decision of sentence] [10 months] imprisonment, the defendant for a period of suspension of execution 2 years is contrary to and led to his/her confessions, and the defendant for a period of suspension of execution 10 years prior to his/her previous convictions, although he/she had the same kind of offense, and all other conditions of sentencing as shown in the records and arguments of this case, such as the number of times of smoking marijuana, age, character and behavior of the defendant, environment, motive and circumstances after the crime, etc.

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