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(영문) 대전지방법원 천안지원 2020.01.31 2019고단2922
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall smoke or take in marijuana or marijuana seed coats, or carry marijuana, its seeds, or its seed coats for the purpose of doing any of the said acts.

1. From Jun. 2019 to Oct. 11, 2019, the Defendant cultivated four marijuana plants in the front of a C factory located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-si.

Accordingly, the defendant possessed marijuana or hemp seed coats for the purpose of smoking or taking in marijuana.

2. On October 4, 2019, the Defendant, around October 4, 2019, kept the marijuana coats cultivated in the said plastic house in a factory office by October 14, 2019 in a glass bottle for the purpose of smoking approximately 6.5g of marijuana acquired by drying it.

Accordingly, the defendant possessed marijuana or hemp seed coats for the purpose of smoking or taking in marijuana.

3. At around 15:00 on October 8, 2019, the Defendant smoked marijuana, which was kept in custody at the above C Factory Office as referred to in the preceding paragraph, by smoking in tobacco paper.

Summary of Evidence

1. Defendant's legal statement;

1. Each seizure record of the police;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Articles 61 (1) 4 (b), 3 subparag. 10 (b) (the point of holding marijuana for smoking), 61 (1) 4 (a), and 3 subparag. 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence concerning the crime;

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;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Article 44-2 of the Medical Treatment and Custody Act;

1. The reason for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. is that the nature of the crime in light of each of the crimes in this case, and that the defendant has the record of punishing the suspension of execution for the same kind of crime around 2015, and on the other hand, the defendant

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