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(영문) 의정부지방법원 2017.11.20 2017고단4577
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a foreign worker of the Russian nationality, who is not a handler of narcotics.

1. From Apr. 2017 to Oct. 6, 2017, the Defendant cultivated marijuana, at the vicinity of the D factory fences where the Defendant in Gyeonggi-gun C works, and at the vicinity of the D factory fences where he had been in possession, the Defendant cultivated marijuana by planting the seeds in advance on the ground of the said facilities after planting the seeds of the hemp seeds on the ground of the said facilities, and removing miscellaneous plants.

2. Around October 6, 2017, the Defendant smoked marijuana once, in the dormitory room of the Defendant’s dormitory located in the foregoing D factory, in which the Defendant cultivated as described in paragraph 1, and smoked marijuana in a way that the mariths of the marithed were to marith in a way that the Defendant mariths the marith of the marith in a way that the mariths were cut to a rater by

3. At around 11:50 on October 7, 2017, the Defendant kept respectively, in the dormitory room in the Defendant’s dormitory located in the foregoing D factory, the Defendant kept 16g of the dried marijuana 16g, the bio-mariana 732g, and the 1,082g of the semi-fresh 1,082g.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. The application of the respective Acts and subordinate statutes to descriptions and videos of urgent seizure of seized articles, each protocol of seizure and list of seized articles, photographs of urgent seizure at the site, internal investigation reports (measurement of weight of seized articles), weight measurement pictures, appraisal records (No. 51, 55) and video records, respectively;

1. Relevant legal provisions and the choice of punishment for the crime: (1) Articles 61(1)6 and 4(1)2 (the occupation of marijuana cultivation, the choice of imprisonment) of the Narcotics Control Act; (2) Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act (the occupation of smoking marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc.; (3) Articles 61(1)6 and 4(1)2 (the occupation of keeping marijuana and the choice of imprisonment) of the Narcotics Control Act;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Collection of narcotics;

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