마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant shall not cultivate, possess, possess, give, receive, transport, keep in custody, or use marijuana by any person other than a person handling narcotics, and no person shall smoke or take in marijuana or marijuana seed coats.
1. Smoking marijuana;
A. On November 15, 2017, the Defendant: (a) parked on the street in front of the “Crogate” located in Chuncheon-si B around November 15, 2017, along with E and F, smoked by inserting marijuana into the tobacco pen and making it smooth.
B. On May 26, 2018, from around 22:00 to around 23:00, the Defendant smoked in the “H public parking lot” zone located in Pyeongtaek-si G, by inserting marijuana into the tobacco pen and attaching a fire to it.
2. On June 4, 2018, at around 07:20, the Defendant possessed marijuana by storing 69.49gg, a total of 69.49ggs, such as marijuana, sealed in the back fryp bags of the said vehicle, on the fryp bags inside the lower part of the said vehicle, 47.25g of marijuana, 19.25gs sealed in the newspaper on the instant fryp World Cup inside the said fryp, and carried marijuana.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol concerning the examination of suspects of E or F;
1. The provisions of the Acts and subordinate statutes shall apply to the conversation, each protocol of seizure, the list of seizure, the list of seizure sites and photographs, photographs related to the seized objects, reply to requests for appraisal, each narcotics appraisal report, and investigation report (calculated additionally); and
1. The choice of imprisonment for each of Articles 61 (1) 4 (a) and 33 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (the point of smoking marijuana), Articles 61 (1) 4 (b) and 3 subparagraph 10 (b) (the point of possession of marijuana) of the Act on the Control of Narcotics, etc., and the selection of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;