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(영문) 서울남부지방법원 2013.05.29 2013고단1161
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Smoking marijuana;

A. On October 201, 201, the Defendant, at the office of Gyeyang-gu Incheon Gyeyang-gu Office, smoked in a way of smoking after making the hemp tobacco containing approximately 0.5g of the smoking once of the hemp plant in which one cigarette is flick, and in which one cigarette is flick.

B. On November 2012, 2012, the Defendant parked at the entrance of Gyeyang-gu, Incheon, and smoked by inserting approximately 0.5g of smoking once of the hemp in a tobacco pipe, and attaching a fire.

C. Around March 25, 2013, the Defendant parked at the entrance of the above E, and smoked in a way of smoking by inserting approximately 0.5 grams of the hemp once in tobacco pipe, and attaching a fire.

2. Around November 9, 2012, the Defendant received marijuana: (a) around Incheon Gyeyang-gu, and (b) around 300.53 grams from D, with the hemp plant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol of suspect examination of D by the police;

1. The police statement concerning G;

1. Each police seizure record and the list of seizure;

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

1. Article 61 (1) 4 (a), Article 3 subparagraph 10, Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, Etc. with Respect to 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 on the stay of execution (Taking into account the fact that the defendant has no previous conviction in the same kind);

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

1. It shall be judged as ordered by the court on the grounds that smoking is not less than 1,50 won in one time by the Seoul Retail 4,000 won x 3 times) of the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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