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(영문) 춘천지방법원 2018.01.24 2017고단1049
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall smoke or take in, or possess for any interest in, marijuana or its seed coats.

1. On Nov. 1, 2016, the Defendant possessed marijuana: (a) taken it for the purpose of discovering and smoking a mariju from the wild marijuana, which was born on the posts near Hongcheon-gun, Hongcheon-gun; and (b) thereafter, from that time until January 15, 2017, the Defendant kept it in the Defendant’s residence, etc. located in Gangnam-gun, Hongcheon-gun.

Accordingly, the defendant possessed marijuana.

2. Smoking marijuana;

A. On November 2016, 2016, the Defendant committed a crime in the middle of the Warman on the following occasions: (a) was snick sperm located in Hongcheon-gun E in the Gangnam-gun on November 2016; and (b) was snicked by inserting the flads of tobacco; and (c) collected the flads of marijuana in its possession as specified in the foregoing paragraph (1).

B. On January 15, 2017, the Defendant committed the crime at around January 15, 2017, at the Defendant’s residence located in Hongcheon-gun, Hongcheon-gun, Gangwon-do, Hongcheon-gun, the Defendant d of tobacco, and drank the smoke by gathering and inserting the marith of marijuana in his possession as referred to in the above paragraph (1), and attaching it to it.

Accordingly, the Defendant smoked marijuana over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the appraisal report on narcotics, etc. as a result of the examination by a private person in curative technology;

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

in possession, the 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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has the record of criminal punishment for the same crime in 2001 and 2003, and is subject to criminal punishment for the narcotics, etc. prior to that.

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