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(영문) 대전지방법원 홍성지원 2016.04.25 2016고단128
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. From November 2013 to February 2, 2013, the Defendant: (a) laid 77.6g of marijuana seeds in the head of the West-gun of Hongsung-gun and the head of the West-gun of the Defendant’s dwelling at the second floor, and laid 77.6g of the seeds of the hemp in its original form.

2. On November 2013, 2013, the Defendant, at the residence of the Defendant as stated in paragraph (1) of this Article, smoked in one cigarette removing a large amount of marijuana seed coats made of the hemp seeds kept in custody as above, with the following fire attached thereto, by a smokeing method.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (the measurement of the weight of the relevant marijuana that has been seized), investigation report (the specific collection charge);

1. The application of Acts and subordinate statutes of the written request for appraisal;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense, and Articles 61 (1) 4 (b) and 61 (1) 4 (a) and 3 subparagraph 10 (the marijuana) of the Act on the Control of Narcotics, etc.;

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

1. In full view of the following conditions of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment shall be determined as ordered.

The fact that there is a record of punishment for the same kind of crime that reflects the mistake (one time a suspended sentence), the fact that the person repeats the same crime within three years after the suspended sentence was sentenced for the same crime ( March 15, 201), and the fact that the quantity of the corresponding marijuana possessed is not sufficient.

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