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(영문) 인천지방법원 2013.09.11 2013고단4712
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. In November 2012, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in the Defendant’s house located in Jung-gu Seoul, Jung-gu, Seoul, in a tobacco pipe and attaching a fire to a smoke.

2. Around July 23, 2013, the Defendant smoked approximately 0.5g of marijuana in the above Defendant’s house by the foregoing method.

3. On July 23, 2013, the Defendant kept approximately 81.8g of marijuana in plastic boxes, etc. at the above Defendant’s home, and continued to hold the seeds of hemp and hemp plants for the purpose of smoking by inserting approximately 531.6g of hemp seeds within the between the Defendant’s Fenz’s apartment parking lot in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure, sites of seizure and photographs of seized articles;

1. Ratifications and invoices (defensives, seized objects, and hairs) as a result of national and water appraisal;

1. Application of investigation report (verification of price for cancer transactions involving additional collection charges) Acts and subordinate statutes;

1. Articles 61 (1) 4 (a) and 33 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 61 (1) 4 (b), and Article 3 subparagraph 10 (the point of carrying marijuana and its seeds for smoking), and the choice of imprisonment with prison labor, respectively;

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 (see the following reasons for sentencing)

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

1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (Article 67 (Article 3 through 15 of the Act on the Control of Confiscated Narcotics, Etc., which does not separately declare the forfeiture thereof, but, as a result of the appraisal, evidence 17, 20, 21 of the Act on the Control of Confiscated Narcotics, Etc.

1. The reasons for sentencing of smoking in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (3,000 won = 1,500 won (one-time price) ¡¿ twice) shall be punished twice by the accused for the same offense;

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