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(영문) 청주지방법원 충주지원 2018.08.17 2018고단399

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight 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 a foreigner of the nationality of business bestan.

No person shall smoke or take in marijuana or marijuana seed coats, and he/she shall cultivate, possess, give, receive, transport, or keep marijuana, and no person other than narcotics handler.

1. On May 19, 2018, the Defendant smoking marijuana around May 19, 2018: (a) around 18:00, the Defendant smokeed marijuana in a way of smoking by inserting in a tobacco pipe any incombustible-gun C and 205 heading room where the Defendant resides.

2. On June 24, 2018, the Defendant smoking marijuana: (a) smoked marijuana in a way of smoking by inserting it in a tobacco pipe on the street on June 24, 2018, where around 21:0, around 2018, the flusium was destroyed by a flusium at around 21:00.

3. On June 24, 2018, the Defendant, who was not a narcotics handler, carried marijuana in a way that he/she puts the cigarette of approximately approximately 1.76g of the Defendant’s clothes at the police box box of the Chungcheongbuk Police Station E, located in D around June 24, 2018, even though he/she is not a narcotics handler, in a way that he/she puts the cigarette of approximately 1.76g of marijuana in the Defendant’s clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary submission of a report on seizure, list of seizure, and voluntary submission;

1. On-site seizure photographs;

1. Investigative report (the quantity of marijuana), - Measuring photographs of the amount of marijuana;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the smoking of marijuana, the choice of imprisonment with prison labor), and Article 61 (1) 6 and Article 4 (1) 2 (the possession of marijuana and the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, etc. concerning criminal facts;

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 suspended execution;

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. Recommendation of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the history of the crime, the record of the crime, and the sentencing guidelines set forth in the Criminal Procedure Act.