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(영문) 의정부지방법원 2019.09.27 2019고단2754
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

The defendant is not a person handling narcotics, but is not allowed to cultivate marijuana, and anyone is prohibited from smoking or taking in marijuana, but he cultivated or smoked marijuana as follows:

1. The Defendant, from the early December 2, 2018 to April 17:40, 2019, installed the “cat for cultivation” inside the Defendant’s house located in the Defendant’s house located in the building C of the Kuwon-gun, Kuwon-gun, Gangwon-gun, and cultivated 14 marijuana by planting it within that period.

2. Points of smoking marijuana;

A. The Defendant smoked from the new wall around March 24, 2017 to March 29, 2017, tobacco containing marijuana in Cambodia D’s name in return to the Plaintiff.

B. On March 29, 2018, the Defendant: (a) around 02:00 on March 29, 2018, at the places specified in paragraph (1); (b) deposited tobacco paper on the top of the paper; (c) strawing the paper; and (d) smoked tobacco after being able to smoke.

C. The Defendant was on April 2, 2019 at the place specified in paragraph (1), around 05:00.

In the same way as paragraph, the marith of hemp smoked.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure;

1. Each narcotics appraisal statement (Nos. 29, 34, 38, 40 Nos. 29, 38, and 40);

1. On-site photographs, 63 copies, 7 copies of seized objects, 4 copies of the appraised objects, 4 copies of the photo, 1 copy of the appraised (mariju seed) photograph;

1. Application of each investigation report (in relation to the crimes of marijuana smoking and smoking, and calculation of additional collection charges) to Acts and subordinate statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for an offense;

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The case concerning the additional collection under the proviso of Article 67 of the Narcotics Control Act; and

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