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(영문) 수원지방법원 평택지원 2016.12.08 2016고단2169
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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. On July 17, 2016, at the end of 17:00, the Defendant smoked approximately 0.5g of marijuana along with the foregoing E in the E-mail vehicle parked in the 'D' parking lot at Asan City, Asan-si.

2. On August 5, 2016, around 21:00, the Defendant d'D in Asan City, which was parked in the vicinity of the F d'D', and 0.5g of marijuana as well as the said F on a tobacco paper, and smoked with a fire.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of the protocol of interrogation of police officers regarding E or F;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 61 (1) 4 (a) of the Act on the Control of Narcotics, etc. (Selection of Imprisonment) concerning the relevant criminal facts;

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. Probation under Article 62-2 of the Criminal Act;

1. Determination on the application of the sentencing guidelines of the proviso to Article 67 of the Act on the Control of Narcotics, etc.: To take into account all the circumstances, including the fact that the person has served in the basic area ( August to January 6) such as medication, simple possession, etc., while committing the crime of 203 and is responsible for his/her family's livelihood while driving by proxy;

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