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(영문) 창원지방법원 2014.06.03 2014고단820
마약류관리에관한법률위반(대마)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, at around 21:30 on November 201, 2013, the Defendant d, located in Kimhae-si, Kim Jong-si, applied one tobacco smoke and smoked in a way that added the marith amount to the frith and added the smoke to the frith.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the seizure protocol and each of the Acts and subordinate statutes governing the appraisal and inquiry;

1. Article 61 (1) 4 (a) and Article 3 and subparagraph 10 of the Act on the elective Management of Narcotics, etc. concerning Criminal Facts;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62-2 (1) of the Criminal Act on Probation;

4. In light of the fact that the reason for sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is highly harmful to the society due to the toxicity of narcotics, etc., the liability for the crime is not less exceptionally.

However, the defendant's mistake is recognized and reflected, the fact that there is no record of punishment for the same kind of crime, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered in consideration of all the circumstances which form conditions for sentencing, such as character, conduct and environment of the defendant.

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