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(영문) 대전지방법원 2014.11.27 2014고단3470
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 3 shall be confiscated.

6,00 won from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but shall not cultivate, smoke or possess marijuana.

1. The Defendant cultivated 5 marijuana from May 2014 to October 15 of the same year, at the Defendant’s father D’s family located in Chungcheongnam-gun Hong-gun.

2. The defendant has committed the same harm;

9. He smoked marijuana in such a way as to put about 0.5g of marijuana cultivated and collected as provided for in paragraph 1 on the pipe made of Aluminum aluminium, which was parked at the construction site of the apartment apartment of the Chungcheongnam-gun, Hongsung-gun, Haman, and inhaleed smoke by attaching a fire.

3. The Defendant smoked approximately 0.5g of marijuana within the said passenger car parked in the same place as Paragraph 2 of the same year on July of the same year, and in the same manner as Paragraph 2.

4. The Defendant, around the 18th day of the same month, parked in the above passenger car parked in the same place as Paragraph 2, and smoked approximately 0.5g of marijuana in the same manner as Paragraph 2.

5. On the 20th day of the same month, the Defendant possessed approximately 4.04 g of marijuana cultivated and gathered in front of a H cafeteria located in Chungcheongnam-gun Hong-gun G for the purpose of smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (No. 2, 9, 14)

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

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The sentence of provisional payment order under Article 334(1) of the Criminal Procedure Act is of the same kind as once of the same suspended sentence (1995), twice of the suspended sentence (191, 209), seven times of the fine of different punishment.

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