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(영문) 수원지방법원 여주지원 2017.11.07 2017고단1244
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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. No person shall smoke or take in marijuana or its seed coats;

Nevertheless, around August 3, 2017, the Defendant, in Echeon-si B, and around 18:30 on August 3, 2017, entered studio C’s studio in the pipe form, puts the string of marijuana into the pipe form, and smoked marijuana in a way that strings the smoke by attaching the string to the string.

2. No person in possession of marijuana shall carry marijuana, its seeds, or its seed coats for the purpose of smoking or taking in marijuana or its seed coats.

Nevertheless, around August 3, 2017, the Defendant possessed approximately 0.09gs for smoking in Echeon-si B and 401.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Statement made with D;

1. Report on internal dust (the result of analysis of ingredients of dry dust);

1. A written appraisal of each drug;

1. A gene appraisal report;

1. Investigation report (related to disposal of seized articles and calculation of additional collection charges) and the application of Acts and subordinate statutes on monthly trends of narcotics;

1. Articles 61 (1) 4 (a), 3 subparagraph 10 (a), and 61 (1) 4 and (b), 3 subparagraph 10 (b), and 61 subparagraph 10 and (b) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of imprisonment, respectively;

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

1. The reasoning for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as per Disposition in consideration of all the sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sexual conduct, environment, criminal record relation, etc.

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