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(영문) 수원지방법원 평택지원 2013.10.31 2013고단1296
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. From Apr. 2013 to Sept. 30, 2013, the Defendant cultivated 126 marijuana at the following 'D’ located in Ansan City from Apr. 2013 to Sept. 30, 2013.

2. From September 2013 to September 30, 2013, the Defendant collected approximately 1089.43g of marijuana leaves cultivated at the places specified in the foregoing paragraph 1., and possessed them in the E-Whn-Wn-Wn-Wn-Wn-Wn-Wn-Woo, owned by the Defendant’s body and the Defendant for smoking.

3. From September 15, 2013 to September 30, 2013, the Defendant: (a) stored approximately 0.5g of hemp powder in a tobacco pipe in the E-A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S-W-W-S-S-S-S-S-S-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. A report on investigation (in the course of criminal conduct and arrest), a report on investigation (the result of the examination conducted by a suspect as a documentary examination (THC);

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 4 (1) 2 (the point of cultivation of marijuana), Articles 61 (1) 4 (b), and 31 (1) 10 (b) (the point of possession of marijuana), Article 61 (1) 4 (a), and subparagraph 10 (a) (the point of possession of marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 and 31 (10) (the point of possession of marijuana), and

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the defendant's reasons for sentencing under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, etc. reflects the fact that the defendant had been punished twice for the same kind of crime, it is inevitable to sentence him/her in light of the fact that he/she again committed the same crime even though he/she had the record of punishment, and that the defendant's direct cultivation of marijuana, etc.

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