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(영문) 춘천지방법원 2015.12.10 2015고단1020
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. From May 1, 2015 to September 17, 2015, the Defendant cultivated two marijuana plants, the raw materials of which are narcotics, at the Defendant’s home located in the Gangseo-gun Hongcheon-gun, Seowon Hongcheon-gun.

2. On August 2015, the Defendant: (a) while growing marijuana, as indicated in the preceding paragraph, was found to have collected and dried the influent volume of the leaves of marijuana.

After that, around September 20, 2015, the Defendant smoked 1 marijuana in the F farm located in the Hongcheon-gun, Hongcheon-gun, Ga, by inserting the above-mentioned leaf leaves instead of tobacco tobacco tobacco tobacco tobacco tobacco tobacco tobacco tobacco tobacco tobacco tobacco plant, and by inserting a fire as soon as possible.

As such, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure record and list;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of the investigative report (Evidence 15);

1. Article 61 (1) 6, Article 4 (1) 2 (the point of cultivation of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking in marijuana) of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor for an offense;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes [the determination of types of narcotics] of the Act on the Control of Narcotics, etc. (the act of violation of the Act on the Control of Narcotics, etc. due to the cultivation of marijuana] (the act of medication, simple possession, etc. of narcotics;

Items e and e.

Title, etc. [Scope of Recommendation] 8 months - One year and six months (Basic Area)

(b) Concurrent crimes [the crime of violation of the Act on the Control of Narcotics, etc. (mariana) by Smoking ].

as described in subsection (1).

(c) 8 months of imprisonment with prison labor for multiple crimes - 1/2 of the upper limit of sentence range of concurrent crimes in March and 2 years shall be added to the upper limit of basic crimes.

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