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(영문) 대구지방법원 영덕지원 2019.08.14 2019고합5

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2018, the Defendant purchased the herb distance in Busan-gu, Busan-gu, with 100,000 won and 10,000 won to the persons whose name is not known, and with the delivery of the marith of hemp.

2. On August 15, 2018, the Defendant smoked marijuana in the same way 29 times in total, as written in the list of crimes in the attached Form No. 1, 2019, which is parked on the front road B as indicated in paragraph (1) of the same Article, in a tobacco pipe by the Defendant’s Cgallon, which was parked on the front road.

3. For the purpose of smoking marijuana purchased as described in paragraph 1 from August 15, 2018 to January 7, 2019, the Defendant possessed 2.8gg of metal containers within the Defendant’s gallon, and 11.2g of plastic containers under the Defendant’s house’s house (C, E).

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each protocol of seizure;

1. Written appraisal of narcotics;

1. The application of Acts and subordinate statutes to a criminal investigation report (the results of an examination as a documentary examiner), a criminal investigation report (related to photographs seized), and a criminal investigation report (the calculation of an additional collection charge) shall apply;

1. Article 59 (1) 7, subparagraph 7 of Article 3 ( point of purchase of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (Article 61) of the Narcotics Control Act (Article 61 (1) 4 (a) of the Act on the Control of Narcotics, Etc.), Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) (Article 61 (1) 4 (Article 61 (1) 4 (b) of the Narcotics Control Act on criminal facts

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Control of Narcotics, etc. due to the purchase of marijuana of the largest punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Management of confiscated narcotics;