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(영문) 수원지방법원 안양지원 2016.06.02 2016고단267
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2012, 2012, the Defendant: (a) received, without compensation, a 1g of hemp seed coats from Da in the front of Sincheon-si located in Gyeongcheon-si, for the purpose of smoking, and possessed it for the purpose of smoking.

2. On March 2012, the Defendant smoked in a way of smoking by inserting approximately 0.5g of its seed coats in front of the Macheon-si, Mancheon-si, as seen above, in tobacco.

3. On June 2015, the Defendant smoked by inserting approximately 0.5g of marijuana, which was possessed in front of the C, Hacheon-si, Sincheon-si, in tobacco, in a way of smoking by inserting it in a cigarette.

4. On July 2015, the Defendant smoked by inserting approximately 0.5g of marijuana, which was possessed in front of the C, Sincheon-si, in tobacco, in a way of smoking by inserting it in a cigarette.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning suspect interrogation of E by the police;

1. Each investigation report (report attached to the judgment of the E and report on the market price of marijuana);

1. Application of the statutes of the response request for appraisal;

1. Article 61 Subparag. 8 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) and Article 3 Subparag. 11 of the former Act on the Management of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Article 61 Subparag. 4 (1) and Article 61 Subparag. 10 (a), Article 3 Subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the smoking of marijuana as stated in Articles 3 and 3) of the same Act on the Management of Narcotics, Etc.; each of them shall be punished by imprisonment, respectively

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order 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. (based on the calculation of a surcharge: 100,000 won for the value of 100,000 won for each marijug possessed by a first policeman on March 2012, and for the value of 100,000 won for two smokings of marijuana smoked on June 2015, and on July 200 of the same year (=50,000 won for one smoking per time x twice)

1. Scope of the recommended sentences according to the sentencing criteria;

(a)the possession of marijuana (the scope of the recommended punishment);

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