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(영문) 의정부지방법원 2017.09.06 2017고단2719
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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 August 8, 2016, the Defendant received marijuana from the Namyang-si, 17:00, from the Koyang-si, the string line F, the string line F, the f, free of charge, the fry amount of the hemp contained in A4 paper.

2. Smoking marijuana;

A. On October 1, 2016, the Defendant smoked marijuana in a HW car parked in G at the early 19:00 Sinri-si, in such a manner as to deduct the fluencies of one cigarette from the fluencies of the hemp, to put the fluencies of the hemp in their possession, and to inhale the smoke by attaching the fluencies to the Ra.

B. On October 2016, the Defendant smoked marijuana in the said BMW car parked in the above G around 19:00 among the mid-term 19:00.

(c)

On October 1, 2016, the Defendant smoked marijuana within the said BMW car parked in the above G around 19:00 on the lower order of October 2016.

3. On October 2016, the Defendant kept marijuana: (a) around 14:00, at the J located in the Namyang-si, Namyang-si; (b) stored the hemp in the HW car in which the Defendant uses; and (c) stored it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 61 (1) 6 of the Act on the Management of Narcotics, etc. by which the relevant Act and Articles 61 (1) 2 and 4 (1) 4 of the same Act concerning criminal facts are applicable, and Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the same Act concerning the selection of a punishment;

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 suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Basic area (referring to imprisonment with prison labor for not less than eight months nor more than one year and six months) for the crimes of violation of the Act on the Control of Narcotics, Etc. (the scope of punishment on recommendation), such as medication, simple possession, etc.;

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of eight months to two years;

3. Sentence;

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