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(영문) 대전지방법원 홍성지원 2015.10.21 2015고단754
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

The defendant is not a person handling narcotics.

1. The Defendant from March 2015 to the same year.

7. By December 12, 200, three marijuana were cultivated in the Defendant’s residential garden in Chungcheongnam-gun Hong-gun B.

2. At around 20:00 on June 15, 2015, the Defendant: (a) deducted tobacco dust contained in a DNA cigarette from the Defendant’s office plan; (b) collected, stored, and smoked with a fluoral marious hemp plant.

3. On June 20, 2015, at around 20:00, the Defendant: (a) deducted tobacco dust contained in a DNA cigarette from the Defendant’s office plan; (b) collected, stored, and smoked with a fluoral marious hemp plant.

4. At around 19:00 on June 25, 2015, the Defendant: (a) deducted tobacco dust contained in a DNA cigarette from the Defendant’s office plan; and (b) collected, stored, and smoked with a fire, an influence marijuana plant.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. Seizure records;

1. Each on-site photograph (each fact described in subparagraphs 2, 3, and 4 on the board);

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant legal provisions for facts constituting an offense and the occupation of cultivation of marijuana selected for punishment: The occupation of smoking in marijuana, respectively, under Articles 61 (1) 6 and 4 (1) 2 of the Narcotics Control Act: Articles 61 (1) 4 (a) and 3 (10) 10 (a) of the Narcotics Control Act;

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. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (i.e., 9,00 won for the value of three-time smoking in marijuana (i.e., 3,00 won for one-time smoking x 3 times) shall be additionally collected;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] shall be from one month to seven months (the application of the sentencing criteria].

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