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(영문) 인천지방법원 2018.11.30 2018고단7331

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 12, 2018, the Defendant: (a) removed tobacco smoke in the Nam-gu Incheon Metropolitan City Belc; (b) inserted about 0.5g of marijuana in its inner part; and (c) inhaled smoke generated by burning with fire.

2. At around 11:40 on April 24, 2018, the Defendant, holding marijuana and hemp seeds, concealed approximately 1.87gg of marijuana in the passage located in the supporting room of the Defendant’s residence, and concealed approximately 0.51g of marijuana and approximately 5.41g of marijuana in the paper box located in the room, while carrying approximately 20.41g of marijuana in a vinyl bag, and concealed approximately 20.41g of hemp in the paper box located in the room and 106 seeds of the hemp for the purpose of gathering the seeds of the hemp.

Accordingly, the Defendant smoked marijuana even though he is not a narcotics handler, and possessed approximately 28.2 grams in total, and 106 hemp seeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A response to a request for appraisal ( plant crushing water and seeds-marijuth training), a response to a request for appraisal (shot-marijuth training);

1. Investigation reports (the identification of the suspect's smoking place, and the result of the urine examination conducted by the F hospital), investigation reports (the calculation of a surcharge) and the application of Acts and subordinate statutes;

1. Article 61 (1) 4 (a) and (b) of the relevant Act and Article 61 (1) 10 (a) and (b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts, for which the relevant Act and Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc. (the possession of smoking and marijuana seeds), and Article 3 subparagraph 10 (b) (the possession of marijuana);

possession), each choice of imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment), medication, simple possession, etc.;