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(영문) 수원지방법원 여주지원 2018.09.05 2018고단696
마약류관리에관한법률위반(대마)
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendants are friendly.

1. Defendant A

(a) No person other than a person engaged in the cultivation of marijuana shall cultivate marijuana;

Nevertheless, from early April 2018 to July 14, 2018, the Defendant cultivated 7 marijuana 15 seeds to the Defendant’s house garden located in Gyeonggi-si D by cutting off 15 seeds on the Defendant’s house garden in Gyeonggi-si.

(b) No person who smokes marijuana shall smoke it;

The Defendant, from the end of 2014 to the end of 2018, cultivated marijuana in the camping or the Defendant’s house garden and smoked from marijuana once a week during the average of six months according to the yield of marijuana every year.

Around 00:00 on July 14, 2018, the Defendant: (a) produced marijuana leaves cultivated at the inside of the above Defendant’s house, as described in the foregoing paragraph (a) into an electronic string, and made approximately three minutes of fluence in the string fluor’s hand; (b) deducted all the tobacco smoke of a general tobacco in the string, put it into the string, and smoked once; and (c) habitually smoked several times in a day between May 14, 2018 and July 14, 2018 during the period from May 14 to July 2018.

2. No person who is the defendant B shall smoke marijuana;

Nevertheless, on July 14, 2018, at A’s house located in G in G, which is around 00:00, the Defendant: (a) reported that A smokes of marijuana as described in Section 1-B; and (b) provided that “A smokes once,” and smokes for marijuana manufactured as above.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. Papers of each defense counsel for the prosecution;

1. A report on investigation (in cases of attaching on-site photographs) and on-site clinical photographs;

1. Investigation report (exploitation of seized articles on the spot), pictures and photographs of seized articles;

1. Report on investigation (the collection of samples, photographs attached thereto), collection samples and photographs; and

1. A report on investigation (as a result of appraisal and a report on seized objects), and a report on narcotics appraisal;

1. Habituality (Defendant A): The method and frequency of crimes in the judgment, and the fact that the same kind of crimes has been repeated for a long time.

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