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(영문) 춘천지방법원 2021.03.11 2020고단1508
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

No person shall smoke or take in marijuana or marijuana seed coats, and no person, other than narcotics handlers, shall cultivate or keep marijuana.

Defendant is not a narcotics handler.

1. The Defendant cultivated marijuana: (a) from Apr. 2020 to Oct. 31, 2020, cultivated marijuana 23 marijuana plants in the Yancheon-gun, Hongcheon-gun, Gangwon-do.

2. On October 31, 2020, from around November 11, 2020 to around November 11, 2020, the Defendant collected marijuana 23 alcoholic beverages cultivated as stated in paragraph (1), and then stored 34,080g grams in the way of storing them in the shape of the Defendant’s dwelling in Hongcheon-gun, Hongcheon-gun, C, which was built at the Defendant’s dwelling place in Gangwon-do Hongcheon-gun, a vinyl house, or a toilet, etc., and stored them in the shape of kimchi.

3. Smoking marijuana;

A. On November 2, 2020, the Defendant, at the Defendant’s residence located in Hongcheon-gun, Hongcheon-gun, the Defendant: (a) smoked marijuana once by inserting the marith of marijuana in a plastic house; (b) by inserting the tobacco (tacker shot); and (c) inserting the marith of marijuana into the fluor; and (d) inserting the fluor of it.

B. On November 7, 2020, the Defendant smoked marijuana once in the same manner as paragraph 3(a), at the places indicated in paragraph 3-A around November 7, 2020, and in the same manner as paragraph 3(a).

Summary of Evidence

1. Legal statements, internal reports, on-site photographs of the defendant;

1.The investigation report (on-site control - seizure and search related), photographs and reports (i.e., the weighing of the weight of marijuana - the investigation report (in addition to urine and seized articles - the training response) by each police seizure protocol as a shower, and the application of Acts and subordinate statutes;

1. Article 61 (1) 6 and Article 4 (1) of the Act on the Management of Narcotics, Etc. for the Purposes of Crimes and the Selection of Punishment therefor (Articles 61 (1) 6 and 4 (1) of the same Act);

The point of cultivation and storage, the choice of imprisonment, and the selection of sentence) of Article 61(1)4 and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of smoking marijuana and 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. Protection observation;

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