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(영문) 춘천지방법원 원주지원 2014.03.11 2014고단19
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. Violation of the Act on the Control of Narcotics, etc. due to smoking in marijuana;

A. A. Around August 2012, the Defendant, at the Defendant’s residence located in Kuju-si, took a smoking once in marijuana, followed by a pande, and smoked by a tobacco pipe.

B. On November 2012, the Defendant: (a) within a “D” practice room operated by the Defendant, which is attached to the Defendant’s residence; (b) removed the pen of tobacco in his possession; and (c) deducted the cigarette from it; and (d) inserted the smoking volume once in that room; and (c) smokeed in 2 10 foot friends.

C. At around 16:00 on July 30, 2013, the Defendant smoked once for marijuana in the Defendant’s residence.

On August 11, 2013, at around 12:00, the Defendant: (a) transported one cigarette in his possession at the above residence of the Defendant; and (b) smoked by inserting the same for smoking once for marijuana.

2. Around August 26, 2013, the Defendant violated the Act on the Control of Narcotics, etc. (the violation of the Act on the Control of Narcotics, etc.) due to the storage of marijuana, etc. (the Defendant) kept 3.86gg of marijuana and 5.72g of marijuana in the spawning net inside the inside of the mouth of the said residence, and stored 16 share of marijuana with leaves of leaves of leaves of leaves of the said residence, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and list of seizure (No. 5 and 6 No. 5 of the evidence list);

1. Application of each request for appraisal by Acts and subordinate statutes (No. 19,21 No. 19);

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3, Article 61 (1) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment), Article 61 (1) 6, and Article 4 (1) 2 of the Narcotics Control Act concerning facts constituting an offense (the point of keeping marijuana and the choice of imprisonment);

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

1. Article 62(1) of the Criminal Act is contrary to the suspended execution;

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