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집행유예
(영문) 서울북부지방법원 2013.9.30.선고 2013고단1957 판결
마약류관리에관한법률위반(대마)
Cases

2013 Highest 1957 Violation of the Act on the Control of Narcotics, etc. (mariana)

Defendant

Defendant

Prosecutor

Pursuant to paragraph (5) of this Article, the Minister of Land, Infrastructure and Transport shall hold a public trial

Defense Counsel

Law Firm Mawon, Attorney Cho Chang-young

Imposition of Judgment

September 30, 2013

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Seized evidence subparagraph 3 shall be forfeited from the accused.

9,000 won shall be additionally collected from the defendant.

It shall order the provisional payment of an amount equivalent to the above additional collection.

Probation for the accused, 40 hours of study for narcotics addiction treatment, and 120 hours of society;

order the service.

Reasons

Facts of crime

On September 8, 1989, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Cannabis Control Act in a sex support by the Daegu District Court.

There has been one year of grace period.

No person may smoke, or possess for the purpose of smoking, marijuana, and the accused;

1. On the seventh day of July 2013: At around 00, 17: 00, the marith amount of hemp in the neighborhood park located in Seoul Special Metropolitan City, Nowon-gu (2g).

7 July 17, 2013: at least 00 c. c. c. c. 00 c. c. 0. c. c. c. c. c. c. c. c. c. c. c. c.

Smoking the hemp in such a manner as to inhale its smoke by attaching maths;

2. On July 21, 2013: At around 00, equivalent to 00 0.5g of marijuana taken as described in paragraph (1).

b) Smoking the hemp in such a manner as to inhale the smoke by attaching the math of mash to B;

3. On July 25, 2013: around 00: marijuana equivalent to 0.5g collected at the event of the above park at around 00, as described in paragraph (1).

b) Smoking the hemp in such a manner as to inhale the smoke by attaching the math of mash to B;

4. On August 8, 2013: around 00: 00 the amount equivalent to 0.5g of marijuana taken as described in paragraph (1).

Smoking the hemp in such a manner as to inhale the smoke by attaching the math of a horse to the mash;

5. On August 11, 2013: around 00: Around 00, after collecting the marith of hemp (at least 3. 28g) from the above park; and thereafter collecting the marith of hemp;

12. 16: marijuana equivalent to 0.5g at the above events, of 00, by attaching the marox to the paper flaz; and

by means of smoking the hemp, and

6. 17 August 14, 2013: Species 0.5g of marijuana taken in the above park at around 00, as described in paragraph (5), and as at around 00:

Accordingly, the hemp is smoked in such a manner as to inhale the smoke by attaching the horses to it;

7. August 11, 2013: around 00: 2.28g of marijuana taken as described in paragraph (5) at the above park;

and August 14, 2013: 10: from 10 to 18:0 on the same day, 33.3g of marijuana collected from the park at around 30;

on the same day 18: Smoking until police officers belonging to the Nowon Police Station in Seoul are arrested at least 30:

For this purpose, it was possessed.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records and reports on requests for appraisal;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 61(1)4 of the Narcotics Control Act, subparagraph 10 (a) of Article 3, and Article 61 of the Act on the Control of Narcotics, Etc.

Article 1(1)4 and Article 3 subparag. 10(b)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service and probation;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

proviso to Article 67 of the Act on the Control of Narcotics, Etc. (9, 000 won = 1,500 won per time retail x 6 times)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The criminal defendant actually manages and smokes 92-cat marijuana found in the urban surrounding park.

U.S.C. 201

the defendant who has found a mistake may require more addiction treatment and management than isolation from society.

judgment and determination of the same type as the order.

Judges

Judges Owon-ho

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