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(영문) 춘천지방법원 강릉지원 2020.01.29 2019고단1304
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

No person other than a person handling narcotics shall cultivate, possess, possess, give or receive, transport, keep in custody, or use marijuana, and no person shall smoke or take in marijuana or its seed coats.

1. On September 2019, the Defendant: (a) discovered two marijuana plants in the Yeung-si B; (b) collected marijuana leaves from the Yeung-si; and (c) possessed marijuana for the purpose of smoking in front of the Defendant’s flash in the said flash.

2. The Defendant: (a) around September 26, 2019, at the Defendant’s bar located above the Am. Am. at the Defendant’s bar located above the Am.; (b) obstructed the consular leaves of “Stoe” tobacco; and (c) smoked once by inserting the math of marijuana leaves collected as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (informating the results of inspection as a documentary examiner and the time limit for urine examination), report on internal investigation (informating the written request for appraisal), and (informating the report on investigation (calculated additionally) - National market price list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 61 (1) 6 and 4 (1) 2 (the occupation of marijuana possession) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the occupation of smoking in marijuana);

1. Selection of imprisonment with prison labor chosen;

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 on the suspension of execution (Article 62 (1) of the same 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 Narcotics Control Act;

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