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(영문) 대전지방법원 홍성지원 2018.01.30 2017고단808
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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 shall smoke or take in marijuana or its seed coats, or carry marijuana, its seeds, or its seed coats for the purpose of doing such an act.

1. Smoking marijuana;

A. On October 2017, the Defendant: (a) discovered wild marijuana in the Yan-si, Yan-si; (b) collected the leaves of the wild mash, i.e., the Defendant: (c) discovered the wild mash in the roadside; (d) then, around 19:30 on the same day, smoked by removing the contents of tobacco at the Defendant’s residential inside the Defendant’s residential area located in D; and (e) attaching a smoke to “large mash tobacco” manufactured by putting the fluen of the leaves of the said mash.

B. On October 2017, the Defendant smoked in the same way, among the leaves of the said marijuana, at a lower patrolman’s inside the said residence.

(c)

The Defendant on November 3, 2017 or the same month.

4. At around 18:00, in the vicinity of the above residence, smoking was made in the same way as the influence of the leaves of the above marijuana.

(d)

Defendant on November 7, 2017 or

8. At around 18:00, in the above residence, smoking was made in the same way as the influence of the leaves of the above hemp in the same way.

E. On November 15, 2017, around 19:00, the Defendant smoked in the same way as the fluoral leaves of the said marijuana in the inner room of the above residence.

2. At around 10:55 on November 16, 2017, the Defendant, who was in possession of marijuana, stored marijuana leaves 4.46g of glass, with a view to smoking at the inside of the above residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A response to a request for appraisal, and a narcotics appraisal report;

1. Application of the police seizure protocol statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense, and Article 61 (1) 4 (b) and subparagraph 10 (b) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana) of the same Act concerning the selection of a punishment;

possession), each 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. The Criminal Act, the suspension of execution;

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