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(영문) 제주지방법원 2014.11.07 2014고단1352
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. Although the Defendant is not a person handling marijuana, on October 2013, while keeping the seeds of the hemp plant of one quantity purchased in the Jeonnam-do market, the Defendant: (a) around April 2014, carried the seeds of the hemp plant c and 5th floor of the Defendant’s house in the Round of the Round; (b) cultivated the said seeds 3gros of the hemp from August 25, 2014 to 3gs of the hemp.

2. Crimes of smoking marijuana and hemp seeds;

A. On November 2013, 2013, the Defendant: (a) around the Defendant’s residence; (b) formed a pipe pattern of tobacco with Aluminum as an Aluminum; and (c) inserted the hemp seed coats purchased within the same manner as described in paragraph (1) and smoked once with a fire attached thereto.

B. On January 201, 2014, the Defendant smoked the hemp seed coats at the same place as a patrolman.

C. On April 2014, the Defendant smoked the hemp seed coats at the same place as a Staff member, by the foregoing method.

On August 2014, the Defendant, at the same place as a policeman, made a pipe pattern of tobacco on the Aluminum fluium, and inserted in the pipe form, flading the hemp leaves cultivated as described in paragraph (1), and flading it once by attaching a fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, photographs, six photographs, reports on requests for appraisal, reports on requests for appraisal, and investigation reports;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 61(1)6, 4(1)2 (a) and 61(1)4 of the Narcotics Control Act;

Wood, Article 3 subparag. 10 (the occupation of smoking marijuana and marijuana seed coatss)

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Confiscation and collection: The proviso of Article 67 of the Narcotics Control Act;

1. Provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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