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(영문) 수원지방법원 2015.10.21 2015고단4174

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

approximately 1.2kg of green drieds (including vinyls) presumed to be confiscated by the hemp plants.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. Smoking marijuana;

A. On September 1, 2014, the Defendant smoked by inserting the tobacco leaves of 1/4 of tobacco at the residence of the Defendant, epanion 102, which was located in Ansan-si, Sinsan-si, Sinsan-si, and then inserting the hemp in gals, with a flusium attached thereto.

B. On June 2015, the Defendant smoked marijuana in the same way at the Defendant’s residence, around the first half of the year.

C. On July 2015, the Defendant smoked marijuana in the same way as the Defendant’s residence at the same time.

On July 2015, the Defendant smoked marijuana in the same way as the above Defendant’s dwelling at his/her own residence around his/her summer.

E. On August 24, 2015, around 11:00, the Defendant smoked marijuana in the same way as that of the above Defendant’s residence.

2. Around 10:05 on September 2, 2015, the Defendant, holding marijuana, carried approximately 1,212g of hemp in a cooling house, ice stuff, etc. in the residence of the Defendant 102, the Epanty 102, located in Ansan-si, Ansan-si, the Defendant possessed it in a manner of keeping approximately 1,212g of hemp for smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (Attachment of photographs, such as the site of seizure, and the results of precision measurement with countries regarding subparagraph 1 of the evidence);

1. Written response to requests for appraisal, and written response to requests for appraisal and written results of appraisal;

1. Application of Acts and subordinate statutes to each protocol of seizure and each list of seizure;

1. Relevant Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana) and Articles 61 (1) 4 (b) and 3 (10) of the Act on the Control of Narcotics, etc. and Article 61 (1) 4 (1) 4 (b) of the Act on the Control of Narcotics, etc.

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 Narcotics Control Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: marijuana;