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(영문) 창원지방법원 2018.10.17 2018고단1973

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

Criminal facts

Defendant is not a narcotics handler.

1. On December 2, 2017, the Defendant cultivated 4 marijuana seeds, which he/she had, from the mid-to February 26, 2018, entered the Republic of Korea in Uzbekistan from the 304 building Kimhae-si to the 304th day of February 26, 2018, by making a lighting with a heart and a ED lighting fixture, etc.

2. Smoking marijuana;

A. On February 22, 2018, the Defendant cultivated as indicated in No. 304 of the building B around February 22, 2018, as indicated in No. 304, and dried by an electronic rail (one smoking minute 0.5g) of the marith in the marith of marijuana that was made by an electronic stick, and destroyed the marith by inserting the marith, and then smoking the marith in a way that the smokes are sh

B. On February 24, 2018, the Defendant smoked for marijuana in the same manner as indicated in the foregoing paragraph (a) of the building B around February 24, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of cultivation of marijuana) concerning criminal facts, Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of smoking in marijuana) of the Act on the Control of Narcotics, etc., and 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under the main sentence and proviso of Article 67 of the Act on the Management of Narcotics, etc. subject to the Confiscation and Collection, etc. and the punishment under the proviso, there are some circumstances that may be somewhat taken into account the motive and circumstances leading to each of the crimes in this case, and there are no records of punishment in Korea. In addition, each of the crimes in this case is shown in the records and arguments, such as the circumstances after the crime, the defendant's age, sex behavior, intelligence and environment, health status, family relation, etc.