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(영문) 춘천지방법원 강릉지원 2014.08.28 2014고단678
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

except that 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. No person engaged in an act of smoking or taking in, the seeds of the hemp plants shall carry the hemp plant seeds for the purpose of smoking or taking in marijuana or its seed coats;

Nevertheless, around April 18, 2014, the Defendant purchased 100 US dollars and 100 hemp seeds for the purpose of smoking or taking in India, and possessed them.

2. Any person other than a person handling marijuana cultivation shall not cultivate marijuana; and

Nevertheless, on May 2014, in order to create an environment suitable for the cultivation of marijuana at the defendant's house located in Gangnam-si, Gangnam-si, the defendant set up the window in a paper string room to block the sunlight in order to cut off the sunlight, and made the same environment as a vinyl in a plastic house by installing 8 plastic lamps in the room, and then 100 of the acquired hemp seeds were put out on the completion date of a brush containing water.

The Defendant transferred 24 seeds with shots from among the hemp seeds heed as above to the shots of the same year.

7. The cultivation was made until October 20.

Accordingly, although the defendant is not a person handling narcotics, the defendant cultivated 24 marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written confirmation of the head of the Gangnam Public Health Center;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 61 (1) 4 (b), and Article 3 subparagraph 10 (b) (the possession of the seeds of the hemp plant for smoking or intake), Article 61 (1) 6, and Article 4 (1) 2 (a) of the Narcotics Control Act concerning the crime, and the selection of imprisonment, respectively;

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

1. It shall be ruled as ordered for the reason of not less than Article 62(1) of the Criminal Act (i.e., the deep reflects and the criminal punishment of a suspended sentence or heavier is not imposed);

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