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(영문) 수원지방법원안산지원 2020.11.19 2020고단1830
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 other than a person handling narcotics shall cultivate, possess, possess, give or receive, transport, keep in custody, or use marijuana, and no person shall smoke or take in marijuana or its seed coats, and the defendant is not a person handling narcotics.

1. Around October 28, 2018, the Defendant collected marijuana that were born in the B Yansan-si B, Ansan-si, and she dumped it with approximately approximately 100 g of marijuana. Around October 1, 2019, the Defendant smoked marijuana over a total of 20 times from the date and time to November 8, 2019, by removing tobacco smokes, inserting approximately 0.3g of marijuana, which were written in the list of crimes, in the Defendant’s residence, near the members of Ansan-si, Ansan-si, and inserting it into tobacco, she dumping it with fire, and then smoking it in a way that smokes by putting it into a smoke.

2. Around November 12, 2019, the Defendant kept marijuana in custody by inserting approximately 45.85g of marijuana remaining after smoking, in a vinyl, as described in paragraph (1), in the Defendant’s residence marina, and storing it in a dog.

Summary of Evidence

1. Defendant's legal statement;

1. On-site confirmation and seizure photographs, each written reply to requests for appraisal, additional written replys to requests for appraisal, replys to inquiries, and narcotics appraisal reports;

1. Records of seizure, list of seizure and report (calculated additionally), and application of Acts and subordinate statutes governing monthly trends of narcotics;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana or the choice of imprisonment with prison labor), and Articles 61 (1) 6 and 4 (1) of the Act on the Control of Narcotics, Etc. (the point of carrying marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

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

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

1. Narcotics control; and

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