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(영문) 의정부지방법원 2013.06.20 2013고단1078
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant in custody of marijuana is not a person handling narcotics, and shall not cultivate, possess, possess, give or receive, transport, keep in custody, or use marijuana;

Nevertheless, following the discovery of marijuana that has been frightened at the port of the Republic of Korea in 2012 around A, the Defendant collected 2 points of leaves and 32 points of seeds respectively, and carried them into the Defendant’s residential area in Madro B in Madro-si, with the Defendant’s Madro-si and Madro-si, and the seeds were stored in the paper cupped cup, respectively. From around that time to January 22, 2013, the Defendant stored marijuana in the Defendant’s residential area.

2. No person shall smoke or take in marijuana or its seed coats.

A. At around 20:00 on January 12, 2013, the Defendant, at the Defendant’s residence, smoked in a way of smoking, by making one of the following: (a) by inserting the first part of the tobacco in a horse, and by inserting the marijuana in custody as referred to in paragraph (1).

B. At around 20:00 on January 14, 2013, the Defendant, at the Defendant’s residence, smoked in a way of smoking by inserting the first part of the tobacco as a horse, and inserting the marijuana in custody as referred to in paragraph (1) in that manner.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report and an inquiry report;

1. Article 61 (1) 6 and Article 4 (1) of the Act on the Control of Narcotics, etc., under Articles 61 (1) 4 (a) and 3 (10) 10 (each point of the smoking of marijuana and each choice of imprisonment) of the Act on the Control of Narcotics, etc., concerning criminal facts;

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

1. Article 62 (1) of the Criminal Code provides that the defendant will not repeat again while breaking his mistake.

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