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(영문) 서울중앙지방법원 2014.08.07 2014고단3707
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. The Defendant is not a person handling narcotics.

From early July 2012 to November 2013, the Defendant removed all the parts of the main body of the computer at the office of the Defendant 3 Dong 1005, which were located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and cultivated 4 marijuana plants after installing lighting lights and landscapeized parts.

Accordingly, the defendant cultivated marijuana.

2. Smoking marijuana;

A. On November 201, 2013, at around 02:00, the Defendant: (a) in front of C apartment in Gangnam-gu Seoul on the lower order of November 2013; (b) paid a hole in front of C apartment in Gangnam-gu Seoul; (c) paid a hole well in a lid of “ice glass” ballebro distribution; and (d) attached a fire by cutting off the flab in front of the body part of the bale distribution; and (c) left the flab, and dye the smoke.

Accordingly, the Defendant smoked marijuana.

B. On February 2, 2014, at around 02:00, the Defendant d apartment 107, located in Gangnam-gu Seoul Metropolitan Government B, d apartment 107, and dynasium generated by burning marijuana by the aforementioned method.

Accordingly, the Defendant smoked marijuana.

C. At around 03:00 on February 14, 2014, the Defendant d apartment 107 above d apartment d apartment d apartment 107 d apartment d apartment d apartment dices the smoke that occurs by burning marijuana according to the above methods.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each written appraisal;

1. Application of the records of seizure and the list of seizure, photographs of seized articles, and marijuana photographs;

1. Articles 61 (1) 4 (a), 3 subparagraph 10 (a) (the occupation of smoking marijuana), 61 (1) 6, and 4 (1) 2 (the occupation of growing marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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 (the fact that it appears to be a short term, such as self-denunciation and reflect, etc.) 1.

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