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(영문) 광주지방법원 2013.08.13 2013고단2503
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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

The defendant is not a person handling narcotics.

1. At around 22:00 on November 9, 201, the Defendant smoked marijuana by turning about approximately 0.5g of the hemp plant possessed by C at the house of C, the third apartment house of the building B, 301, Dong 1002, which is the third apartment house of the building B, at the Namyang-si, and by turning about approximately 0.5g of the hemp plant that C was in possession, to a gambling place.

2. At around 22:00 on November 10, 201, the Defendant smoked marijuana by turning about approximately 0.5g of the hemp plant possessed by C into a gambling place, attaching her horses to one another, at the same place as the preceding paragraph.

3. On November 11, 201, at the same place as the preceding paragraph, at around 22:00, the Defendant smoked marijuana by flying approximately 0.5gg of the hemp plant possessed by C, with their horses attached to the gambling place, and returned to each other.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of suspect examination of the police as to C (second time); and

1. Application of Acts and subordinate statutes to report on investigation (Attachment to written judgments against No. C);

1. Article 61(1)8 and Article 3 subparag. 11 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) concerning criminal facts and the selection of punishment for each of them;

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. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (3, a single medication x 3 times) seems to require a strict punishment against the defendant in light of the fact that the defendant has smoked over several times of marijuana which is strictly prohibited by the law. However, the defendant is the first offender who has no particular criminal record, the defendant was able to avoid marijuana in the family court, and the defendant was able to avoid smoking any longer even though he was unable to avoid marijuana in the family court, and all other sentencing conditions such as the motive, means and result of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, family environment, etc. are included.

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