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(영문) 창원지방법원 2012.02.10 2011노2339
절도미수등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Seized evidence 2 shall be confiscated;

Reasons

1. The summary of the grounds for appeal (not guilty in the judgment of the lower court) the result of the examination of documentary examination by the defendant on the grounds of appeal, shall have an independent value of evidence independent of the hemp illegally confiscated, and may serve as a supporting evidence for the confession of the defendant;

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Summary of this part of the facts charged (not guilty in the original judgment)

A. On July 1, 2011, the Defendant: (a) was passing through G in the F in the M. M. M. M. M. M. M. M. on July 1, 201; (b) discovered wild marijuana in its place; and (c) collected a few leaves of the said hemp for the purpose of smoking.

B. On July 3, 201, at around 15:00 and around 20:00 on the same day, the Defendant smoked marijuana over two occasions in a way that, by attaching the following fire to the paper: (a) the leaves in possession of the same as above in the bank in F:

C. On July 5, 2011, around 20:38, the Defendant, at his own house located above H, carried marijuana in order to later smoke 0.63g of the remaining marijuana leaves after smoking as referred to in the above paragraph (2).

3. Determination

A. The judgment of the court below

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