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(영문) 인천지방법원 2016.08.11 2016고단3511
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person is allowed to carry marijuana, its seeds, or its seed coats for the purpose of smoking or smoking, but the defendant smokes marijuana and carries the hemp plant and its seeds as follows:

1. On December 10, 2015, at around 22:00, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana leaves and its seeds, which were made by hand, in the pipe made of the spambling stuff, in the residence of the Defendant in Incheon Dong-gu, Incheon, and in a way of smoking by attaching 0.5g of marijuana leaves and its seeds.

2. On February 25, 2016, at around 22:00, the Defendant smoked marijuana by inserting approximately 0.5g of the hemp powder made as shown in the preceding paragraph in the pipe that was made of the gambling gate, and attaching it to it.

3. On February 26, 2016, the Defendant possessed marijuana in a manner that packages and packages approximately 0.33g of the hemp plant total and 69 seeds of the hemp plant, for the purpose of smoking in the west of the said Defendant’s residence, around 10:15.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A written appraisal of narcotics;

1. The photograph of execution of a warrant of search and seizure, the photograph of seized articles, and the seal of prosecution of a urine prosecutor;

1. Application of Acts and subordinate statutes on the prices of narcotics, etc. to an investigation report (additional collection charges);

1. Relevant Article of the Act on the Control of Narcotics, etc. and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Management of Narcotics, etc., Article 61 (1) 4 (b) and Article 61 (1) 4 (b) of the Narcotics Control Act, and Article 3 subparagraph 10 (b) of the Act on the Management of Narcotics, etc., and the

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. Protection and observation, orders to attend lectures and orders to provide community service under Article 62-2 of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. One crime of the scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence).

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