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(영문) 대전지방법원 천안지원 2020.06.17 2019고단2956
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

No person other than a narcotics handler shall cultivate marijuana and smoke or take in marijuana or its seed coats.

1. From June 17, 2019 to July 1, 2019, the Defendant cultivated marijuana cultivation by planting 17 marijuana 17 marijuana plants around the Asan City’s building, etc.

2. On March 2019, the Defendant smoked marijuana at the residence of the Defendant of the ASEAN apartment D, an Asan-si, the Defendant: (a) smoked the marijuana by putting it on the string.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An examination request table 4, and an examination result table (Evidence Nos. 12);

1. Application of the photographic Acts and subordinate statutes;

1. Article 61 (1) 6 of the relevant Act on the Punishment of Criminal Crimes, Articles 61 (1) 6 and 4 (1) 2 of the Act on the Selection of Narcotics, Etc. (the point of cultivation of marijuana), Article 61 (1) 4 (a), and Article 3 (10) of the Narcotics Control Act (the point of smoking marijuana), and the choice of imprisonment, 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;

1. Probation under Article 62-2 of the Criminal Act;

1. 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);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has been punished by a fine for the crime of smoking in possession of marijuana in 2008, that the amount of marijuana cultivated by the defendant is substantial, and that the defendant recognizes the crime, etc., the punishment as set forth in the text shall be determined.

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