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(영문) 의정부지방법원 고양지원 2014.12.12 2014고단2332
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

No person shall smoke marijuana.

1. At around 13:00 on April 24, 2014, the Defendant, at the residence of the Defendant, smoked in a pipe made of alkin alkin alkin alkin (Da apartment 103 701), by inserting the shot in a pipe made of alkin alkin aluminium.

2. On April 201, 2014, the Defendant smoked in the same manner as in the preceding paragraph at the same place as in the preceding paragraph at around 13:00 on the date of the lower order.

3. On April 2014, the Defendant smoked in the same manner as in the preceding paragraph at the same place as in the preceding paragraph at around 14:00 on the date of the lower order.

4. On May 2014, the Defendant smoked in the same manner as that of the preceding paragraph at the same place as at around 14:00 on the first-come-served date, in the same manner as at the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Records of seizure and the list of seizure;

1. Responses to appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning facts constituting an offense;

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, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Even though the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., even though there was a history of the suspension of the execution of imprisonment with prison labor due to the power of the same kind and similar in the past, the crime was committed again, and the crime was denied at the initial stage of the investigation, and the crime was not somewhat weak and the frequency

However, the execution is to be postponed in consideration of the health condition, family relationship, environment, etc. of the defendant in the fact that the defendant does not repeat the crime.

It is so decided as per Disposition for the above reasons.

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