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(영문) 대구지방법원 상주지원 2016.08.30 2016고단280
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The seeds of marijuana 1,003 (No. 1), hemp 120g (No. 2), and marijuana, seized.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Incheon District Court on March 11, 2015 and was sentenced to three years and six months of the suspension of execution on March 19 of the same month, and the judgment becomes final and conclusive and conclusive during the suspension of execution.

[Criminal facts] The Defendant is not a narcotics handler

1. From springing around 2016 to June 25, 2016, the Defendant cultivated the hemp 1,005 jums at the head of the native Ma, which is the father owned by the father in Ma in Gyeong-si.

2. For the purpose of smoking, the Defendant, from March 2016 to June 24, 2016, possessed and kept 120 grams of hemp, 500 grams of hemp seeds, and 10 grams of hemp seeds at his/her accommodation, which was a container of “F” located in E in Nam-si, Nam-si, from March 2016, and possessed and kept 1,080 grams of hemp seeds, etc. at D around June 25, 2016.

3. On November 2015, the Defendant smoked the hemp seed coats over 12 occasions from around that time to June 25, 2016, as shown in the list of crimes in attached Form 1, in a way that he/she made clock clocks in the ancient house living room as the clock clock boom at the end of his/her charge, and in a way that he/she smokes by attaching the clock flock flock flocks to the end of one part of the charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and list of seized articles, photographs of seized articles, report on investigation (fields and developments of seizure, etc.), report on the results of preliminary tests on narcotics, etc., report on investigation (resident search and photograph of the suspect), and report on narcotics appraisal;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 61(1)6 of the relevant Act and Article 4(1)2 of the Act on the Selection and Control of Narcotics, Etc. (the point of cultivation of marijuana) concerning criminal facts, Article 61(1)4(b) and (a), Article 3 subparag. 10 (the point of possession of marijuana) of the Narcotics Control Act, Articles 61(1)6 and 4(1) of the Narcotics Control Act (the point of storage of marijuana), and Article 61 of the Narcotics Control Act.

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