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(영문) 부산지방법원 동부지원 2017.11.23 2017고단1947
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant is not a narcotics handler.

1. On November 201, 2016, at the C main parking lot located in Busan Shipping Daegu B, the Defendant sent a smoke to the Defendant with a pipe of tobacco with marijuana in a non-fluent quantity, and the Defendant inhaled the smoke with D.

The Defendant, in collusion with D, smoked marijuana.

2. On February 18, 2017, the Defendant, at around 18:00, was in custody of the math of marijuana from D at the above D’s house located in Gohap-gun, Chungcheongnam-gun, the Defendant smoked the hemp in a way of inserting it into a wooden pipe on March 3, 2017, at around 22:00 at the beginning of 22:0,00, in an influent alley way located in the transmitting-dong, Busan, Daegu, Daegu, and then inhaleing it.

3. On March 20, 2017, around 01:30, the Defendant: (a) attached D, within the Defendant’s ground-line car parked in the front of Busan Shipping Daegu FF, with a wooden pipe containing influence; (b) applied it to the Defendant’s fluence; and (c) inhaled it with D and fluence.

The Defendant, in collusion with D, smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. The application of Acts and subordinate statutes to a response to a request for appraisal, a criminal investigation report (Attachment to a statement protocol), and a criminal investigation report (calculated additionally);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, Etc. for Criminal Facts and Selection of Punishment (Article 30 of the Criminal Act shall be added to crimes referred to in paragraphs (2) and (3) of the same Article), Articles 61 (1) 4 and 3 subparagraph 10 (a) of the

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the instant crime inhales marijuana over three times, and its nature is not good.

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