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(영문) 전주지방법원 2017.02.09 2016고단1455
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Criminal facts

[Criminal Records] On January 10, 2017, the Defendant was sentenced to imprisonment with prison labor for a special injury by the Gwangju District Court for six months, and the above judgment was finalized on the 18th day of the same month, and is not a narcotics handler.

[Criminal facts]

1. No person, other than persons handling narcotics, etc. in violation of the Narcotics Control Act, shall cultivate, possess, possess, receive, transport, keep or use marijuana;

In such a situation, the Defendant from May 2016 to the first police officer of the same year.

6. By August 6, 200, the Defendant had cultivated marijuana in a manner of planting four marijuana and holding it in his place at the dwelling place of the Defendant in the former North Korean-gun C.

2. No person who violates the Narcotics Control Act shall cultivate plants used as raw materials for narcotics, or carry or possess any raw material, seed, or seedling containing their component;

However, around June 8, 2016, the Defendant cultivated the seeds of poppy, which are plants used as raw materials for narcotics, in the mast of the Defendant’s residence, around June 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (to photographs of control site), and a response to a request for appraisal;

1. Police seizure records;

1. Each existing country under subparagraphs 1 and 2 of the evidence;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

1. Article 61 (1) 6, Article 4 (1) 2 (the occupation of growing marijuana, the choice of imprisonment), Article 61 (1) 2, and subparagraph 2 of Article 61 (2) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts (the occupation of growing plants for narcotics and the choice of imprisonment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of the recommended sentence] Medication, simple possession, etc.

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