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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단867
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 4 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

No person shall smoke marijuana, or carry marijuana for the purpose of smoking.

1. On October 2017, the Defendant, who is in possession of marijuana for the purpose of smoking, taken and stored marijuana in the camping area located in Bosa-si, Bosa-si, Sin-si, and carried approximately 1.33 g of the said marijuana, and carried approximately 23.39 g of the said marijuana with a view to smoking by the Defendant, who was in the restaurant located in the “F” in Bosa-si, the domicile of approximately 22.06 g of the said marijuana, while taking and keeping it in custody in the outer slot area of the Defendant, who was in the restaurant located in the “F”, for the purpose of smoking.

2. Smoking marijuana;

A. On November 20, 2017, the Defendant: (a) set the said car on the road prior to the H’s notice located in G around 12:00 on November 20, 2017; and (b) smoked by inserting the fluoral quantity in tobacco among marijuana possessed as referred to in paragraph (1) within that scope; and (c) attaching a fire to it.

B. On November 26, 2017, the Defendant, on November 26, 2017, set the said car on the roads near the J funeral hall located in Boan-si I around November 26, 2017, and smoked in the same manner as Paragraph 1, among marijuana possessed as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of relevant Acts and subordinate statutes, such as each protocol of seizure, investigation report (Evidence List Nos. 28, 35, 45, 50), simplified trial records, marijuana photographs, etc. seized, F internal photographs, response to requests for appraisal, photographs of the place of crime, etc.;

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

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. The following circumstances for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and the Defendant’s age and gender.

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