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(영문) 광주지방법원 2019.10.16 2019고단3486
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Although the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. From Oct. 2018 to May 2019, the Defendant cultivated marijuana in a way that the seeds of marijuana are planted in the way that the seeds of marijuana are frightened at the Defendant’s residence of Nabud C at Naju-si. From May 2019 to Sept. 3, 2019, the Defendant made a structure in the same place and cultivated marijuana in a manner that ELD is installed at the upper end of the content and made an environment suitable for the cultivation of marijuana by controlling ventilation and temperature by using a fish pumps, temperature, line wind, etc., and then putting the water and vegetable agents into six spoly spoly portion of the spoly portion of the hemp which is filled with the water and vegetable.

2. The Defendant for smoking marijuana: The same year from the date when he/she died on April 2019;

5. During the period between the period in which the Defendant’s residence as referred to in paragraph (1) and the Defendant’s act of smoking marijuana in such a way as to inhale the hemp smoke generated by cultivating the hemp pipe in the manner as referred to in paragraph (1) after carrying the satisf (the degree of satisfyed satisfy).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each protocol of seizure and each list of seizure;

1. A narcotics appraisal statement (two weeks);

1. Evidence photographs;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 61 (1) 6 of the relevant Act on the Control of Narcotics, etc. and Articles 61 (1) 6 and 4 (1) 2 of the Act on the Selection of Punishment for Crimes (the occupation of marijuana cultivation). Articles 61 (1) 4 (a) and 3 subparagraphs 10 (a) (the occupation of marijuana smoking) of the Narcotics Control Act, and the selection of imprisonment with labor

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 under Article 62-2 of the Criminal Act;

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (3,00 won for smoking once in marijuana); and

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