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(영문) 인천지방법원 2017.11.17 2017고단7377
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is growing marijuana from March 2017 to the same year.

7. by March 7, 200, the Defendant’s residence located in the Nam-gu Incheon Metropolitan City B cultivated 12 marijuana to the Choxa and the Choxa.

Accordingly, the defendant cultivated marijuana even though he is not a narcotics handler.

2. Smoking marijuana;

A. On March 2017, the Defendant, around 21:00, smoked once in a pipe at the place of residence of the above Defendant, with a fire attached thereto.

B. On May 2017, around 21:00, the Defendant, at the residence of the above Defendant, posted the smoking portion once in pipe and smoked once in a pipe.

(c)

On June 21, 2017, around 21:00, the Defendant, at the residence of the above Defendant, posted a smoke once in the pipe and smoked once with a fire.

Accordingly, the Defendant smoked marijuana over three times in total.

3. At around 14:50 on July 3, 2017, the Defendant, holding marijuana, concealed and stored approximately 2.34 grams in a paper envelope at the small room of the above Defendant’s residence.

Accordingly, the defendant possessed marijuana even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. The photograph of each seized article (the net 25,26);

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of cultivation and possession of marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of smoking in marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence concerning the crime;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing criteria;

A. Crimes Nos. 1 through 3 [the scope of a recommended sentence] Medications, simple possession, etc., and the basic area (from August to June) of the types of crimes (math (math, etc., marijuana, native d., d. and e.).

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