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(영문) 서울중앙지방법원 2015.11.19 2015고합930

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Defendant is not a narcotics handler.

1. Purchasing the hemp plants;

A. On December 4, 2014, the Defendant purchased approximately KRW 120,000 from 310,000,000 to E, from 23:30,000 to 310,00,00,000,000,000,000.

B. On March 31, 2015, around 16:00, the Defendant purchased approximately KRW 1.20,000 to E, a 1.2g of the hemp plant.

2. Smoking of hemp plants:

A. At around 16:00 on December 5, 2014, the Defendant smoked the hemp plant by setting about 0.5g of hemps to the wrapping paper on the horse’s car, which was parked in the alley in the vicinity of the filial Chang Park in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, in a way of turning about 0.5g of hemps into the string paper (e.g., the string paper), making the shape of tobacco, attaching the string with the string paper, and making the smokes with F.

B. On March 13, 2015, at around 13:00, the Defendant smoked from the Defendant’s car, which was parked in the vicinity of the Heungdong G Apartment-gu G apartment, by inserting approximately 0.5g of the hemp plant into the pipe of tobacco with a decline of H, and attaching the string to the string.

C. At around 17:00 on April 1, 2015, the Defendant smoked about 0.5g of the hemp in the Defendant’s car parked in the alley in the vicinity of the Fymar Park, along with F in the same manner as indicated in the above paragraph (a).

On April 21, 2015, at around 21:00, the Defendant smoked approximately 0.5g of the hemp plant in the angle of arms near the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police suspect interrogation protocol against E, H, and F;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes on details of currencies;

1. Article 59 (1) 7, Article 3 subparagraph 9 of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana and the choice of imprisonment, respectively);

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