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(영문) 수원지방법원 안산지원 2018.05.10 2018고단781
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

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

1. No person other than a person engaged in the cultivation of marijuana shall cultivate marijuana;

Nevertheless, from Jun. 2017 to Oct. 2017, 2017, the Defendant grown two marijuana seeds from Jun. 1, 2017 to Jun. 1, 201, and from Jun. 201 to Jun. 10, 201, the C Public Notice 401 to Oct. 201.

2. No person who smokes marijuana shall smoke it;

Nevertheless, on November 25, 2017, the Defendant cultivated marijuana as above at the places indicated in paragraph 1, and dried it in a stuff, made it possible for the Defendant to smoke as smoking by fluoring marijuana tobacco.

3. No person in possession of marijuana shall carry marijuana for the purpose of smoking;

Nevertheless, the Defendant, at around 11:50 on November 28, 2017, tried to smoke 6.92g of marijuana cultivated as described in paragraph 1 at the place described in paragraph 1, at around 11:50.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the seizure of persons on November 28, 2017 and a list of search and seizure;

1. A written appraisal of each drug;

1. A report on investigation (report on the market price related to additional collection charges);

1. Application of each statute on photographs;

1. Articles 61(1)6, 4(1)2 (the point of cultivation of marijuana) and 61(1)4 (a) and 33 subparag. 10 (a) of the Narcotics Control Act (the point of smoking marijuana) of the relevant Act on the Control of Narcotics, etc., and Article 61(1)4 (b) and subparagraph 10 (b) (the items of Article 61(1) and Article 3 subparag. 10 (b) of the Narcotics Control Act on the criminal facts;

possession), each choice of imprisonment

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. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The Defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., committed the instant crime even though he had the same record of punishment.

However, the defendant seems to have an attitude against the defendant, the amount of marijuana in this case is not many, and the age, occupation, sex, environment of the defendant, and this.

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