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(영문) 대전지방법원 홍성지원 2017.02.22 2016고단897
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant cultivated marijuana: (a) on May 2016, the 1 salary paper for the hemp seeds delivered by C on the roof of an empty cattle shed in the Hasong-gun B, Hongsung-gun, Hongnam on the top of May 2016; (b) around that time, the Defendant depthed the 1 salary paper for the hemp seeds.

8. By December 24, 200, the hemp 9 shares were cultivated.

2. Smoking marijuana;

A. On August 24, 2016, from around 21:00 to 21:30, the Defendant: (a) took the above-mentioned order of marijuana cultivated at the Defendant’s office located in Chungcheongnam-gun Hong-gun B; and (b) smoked in a way that the Defendant spawds it with a fright at a gambling site, and smoked in a way that the Defendant spawds it.

B. On August 27, 2016, at around 21:00, the Defendant smoked marijuana once in the above office in one way as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each of the relevant seizure records, reports on the results of preliminary tests for narcotics, reports on investigation (Evidence Nos. 6, 9, 19), photographs at the time of seizure, marijuana seeds and photographs, and statutes on the appraisal of narcotics;

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 4(1)2 (the point of cultivation of marijuana) concerning criminal facts, Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of smoking in marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment, respectively;

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 suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. In full view of the following conditions of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex and environment, and the circumstances before and after the instant crime, the punishment shall be determined as ordered.

The purpose of this case is to cultivate marijuana directly in order to smoke marijuana, with the fact that the criminal act of this case is committed, and there is no record of punishment for the same kind of crime.

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