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(영문) 부산지방법원 2016.07.07 2016고단2660
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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, and the defendant shall carry marijuana, its seeds, or marijuana seed coats for the said purposes, even if he/she carries them for the said purposes, he/she handled the marijuana as follows:

1. On September 20, 2015, the Defendant smoked marijuana in such a way as to deduct the tobacco plant located in one column of tobacco in a horse in the event sports vehicle parked near the D cafeteria located in Busan Jung-gu, and to marize it by inserting approximately 0.5g of marijuana into the body and inserting a fire with a smoke attached thereto.

2. Around 11:00 on May 17, 2016, the Defendant smoked marijuana in the aforementioned manner from F in Busan, Seo-gu.

3. Around 13:00 on May 18, 2016, the Defendant smoked marijuana from the above F in the said manner.

4. On May 21, 2016, around 23:00, the Defendant smoked marijuana in the benz vehicle that was parked near Seo-gu apartment in Busan, Seo-gu, Busan.

5. On May 23, 2016, at around 11:40, the Defendant kept 0.48g of hemp plants in the domicile of the Defendant located in Busan Dong-gu, and stored 0.48g of hemp plants in the string of 0.48g, and kept 432g of hemp plants by inserting it in the string of string of 38g, and possessed 470.48g of hemp plants in the manner of keeping it in the plastic bag where 38g of hemps are contained in a paper stuff.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The application of Acts and subordinate statutes to notification of the results of respective legal and chemical appraisal (pactine-marijus training, green plants-marijus training);

1. Selection of a person who commits a crime under Article 61 (1) 4 (a) and (b) of the Narcotics Control Act, subparagraph 10 (a) and (b) of Article 3, and Article 61 of the Act on the Control of Narcotics, etc. under the relevant Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The first offense for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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