beta
(영문) 수원지방법원 안산지원 2017.10.18 2017고단2356

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six 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

The defendant is not a handler of narcotics, and shall not possess or smoke in marijuana.

1. On February 14, 2017, at around 13:20, the Defendant, holding marijuana, was in a way that, in a security search unit for the C Airport D Line D, he/she stored marijuana 4.08g, which he/she purchased from his/her name in a paper paper, in a plastic package, and stored in a plastic package.

2. On February 12, 2017, the Defendant: (a) posted a pipe (work pipe) made up of 0.1g of marijuana 0.1g, purchased, as described in the preceding paragraph, at the Defendant’s residence located in the 13th class 402 of the Ma-gu Ma-gu, Ansan-si, Ansan-si; and (b) smoked by a smokeing method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each narcotics appraisal statement (No. 12, No. 14);

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

1. Application of Acts and subordinate statutes to report the market price related to additional collection charges;

1. Any of the items of Article 61 (1) 4 (b) and subparagraph 10 (b) of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts (referring to marijuana) and subparagraph 10 (b) of Article 3 of the same Act;

Possession), Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of possession of marijuana smoking) and each choice of imprisonment, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., that the defendant is led to confession and reflect, and that the defendant has no record of being punished for the same crime);

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

1. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, Etc.;