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(영문) 춘천지방법원 영월지원 2016.09.22 2016고합34
마약류관리에관한법률위반(대마)
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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

"2016 Gohap 34"

1. On April 3, 2014, the Defendant is a person who cultivates marijuana in the area of the Gangwon-gun, upon obtaining permission for cultivation of marijuana from the head of the west-gun B.

No person shall trade the hemp plant seeds or its resin coats while knowing that he/she intends to smoke or take in the hemp plant seeds, or that he/she shall trade the hemp plant seeds or its resin coats.

Nevertheless, at around October 23, 2015, the Defendant received a request from D and E to “in order to reduce the pain of human satisfics suffering from DNA satisfics suffering from DNA satisfics,” and sold the hemp plant seeds (a seeds which are mixed with the hemp plant and its satisfics) in cash at KRW 1.5 million.

Accordingly, the Defendant traded the hemp plant and its resin, and sold the hemp plant seeds knowing that D, etc. want to smoke or take in its seed coats.

"2016 Gohap 36"

2. The Defendant was found to have traded marijuana as stated in paragraph 1, and the permission for the cultivation of marijuana was suspended from January 13, 2016 to July 12, 2016, and is not a handler of narcotics.

Nevertheless, on April 2016, the Defendant cultivated fertilizers in the hemp field of 5,130 square meters located in F, YY-gun, G, G, G, G, G, G, G, G, G, G, G, and 15,540 square meters.

Summary of Evidence

"2016 Gohap 34"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of public prosecution against E, and a protocol concerning the interrogation of suspects of the police against D;

1. Police seizure records, photographs of seized articles, and narcotics appraisal records "2016, 36 Gohap;

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 59(1)7 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016) on criminal facts.

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