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(영문) 서울중앙지방법원 2019.02.12 2018고단8194
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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. No person who intends to possess marijuana shall possess the hemp seed for the purpose of smoking or taking in;

The Defendant cultivated the hemp seed and harvested the hemp, and purchased and possessed the hemp seed for the purpose of smoking. On November 5, 2017, at the Defendant’s residence in Seocho-gu Seoul Metropolitan Government, the Defendant purchased 9 marijuana seed by accessing the Internet C search site (D) to purchase 0.00098 bitcoin (Korean approximately KRW 83,000).

After November 13, 2017, international registered mail, in which the seeds of the hemp plant ordered by the Defendant were concealed, intends to possess the hemp seeds by entering the Republic of Korea through EAF and receiving the said seeds from the Republic of Korea. However, around November 15, 2017, the International Postal Customs Office employees of Incheon International Airport International Postal Customs Office was exposed to the hemp seeds, and failed to commit the act.

2. No person who smokes marijuana shall smoke it;

On August 20, 2017, the Defendant smoked marijuana once in a “H” club located in Yongsan-gu Seoul Metropolitan Government on August 20, 2017, in a manner that inhales the smoke by attaching the smoke to the tobacco containing the fluor’s fluor’s fluor’s fluorial quantity.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of marijuana seeds, a report on analysis results, and an appraisal report;

1. Application of Acts and subordinate statutes on seizure records;

1. Selection of an imprisonment with prison labor for a crime under Article 61 (3) and (1) 4 (b) and Article 3 subparagraph 10 (b) of the Narcotics Control Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act, and Article 3 subparagraph 10 (a) of the Act on the Selection of

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. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act;

1. Narcotics for reasons of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

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