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(영문) 의정부지방법원 2013.10.23 2012고단3088

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

The leaves of seized plants are 364.78g (No. 1) and 500m clocks (No. 2).

Reasons

Punishment of the crime

1. On March 13, 2012, the Defendant cultivated marijuana culture: (a) spreaded marijuana weathers into the garden in front of the C human resources office located in the Gyeong-gun B; and (b) cultivated marijuana by September 13, 2012.

2. Smoking marijuana;

A. At around 20:00 on September 14, 2012, the Defendant: (a) laid Aluminum aluminium Day at the entrance of a water tank at the Defendant’s residence located in Gyeonggi-gu D three stories; (b) laid a string on the string date; (c) laid a fire on the hemp, attached a powder of about 0.5g on the hemp; and (d) smoked the hemp by drilling it through a hole below the water tank.

B. Around 20:00 on September 15, 2012, the Defendant smoked approximately 0.5g of the hemp plant in the same manner as indicated in the foregoing paragraph 2(a).

C. At around 20:00 on September 16, 2012, the Defendant smoked approximately 0.5g of the hemp plant in the same manner as the description of the above paragraph 2(a).

3. At around 14:10 on September 17, 2012, the Defendant, possessing marijuana, kept approximately 364.78g of the hemp plant for the purpose of smoking in the heading house where the said Defendant’s residence was located, and carried the hemp plant.

Summary of Evidence

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

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

1. Search and seizure photographs;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 4 (1) (the point of cultivation of marijuana), Articles 61 (1) 4 (a), and 3 subparag. 10 (the point of smoking marijuana), Articles 61 (1) 4 (b) and 61 (1) 4 (a) and 3 subparag. 10 (the point of carrying marijuana), and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;