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(영문) 서울중앙지방법원 2015.09.10 2015고합733

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Purchasing the hemp plants;

A. On November 2014, the Defendant paid 100,000 won in cash to C at the PC located in the PC located in the vicinity of the Gangnam-gu Seoul Line, Gangnam-gu, Seoul, and purchased approximately 10g of hemps.

B. Around December 2014, the Defendant paid 80,000 won in cash to C in the vicinity of the above rolling stock station, and purchased approximately 10,000 g of hemp.

C. Around January 2015, the Defendant paid KRW 1 million in cash to C in the “Esing room” located in the D Station, and purchased approximately KRW 10g of the hemp plant.

2. On November 2014, the Defendant smoked 10 times the hemp plants as indicated in the annexed list of crimes, including: (a) the Defendant, at the domicile of the Defendant, Mapo-si F, 102, posted approximately 2g of the hemp plants on a tobacco paper; (b) smoked the hemp in a manner that inhales the smoke by putting the smoke in a rash with a rash on a tobacco paper; and (c) smoked in a manner that inhales the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the third and fourth police suspect interrogation protocol regarding C;

1. Details of currency;

1. Written appraisal of narcotics;

1. One copy of the judgment of 2015 Gohap270 [Evidence of confessions is sufficient if it is sufficient to acknowledge that the confessions of the defendant are true, not a processed one, even though all or essential parts of the crime are not recognizable, as well as indirect evidence or circumstantial evidence may be used as corroborative evidence. Further, it is sufficient to prove the facts of crime as a whole through mutual recording of confessions and reinforced evidence (see, e.g., Supreme Court Decisions 2001Do1897, Jan. 8, 2002; 3 and 4 times each protocol of examination of the police suspect and the statement of conversations among the above evidence are the confessions of the defendant, as well as the confessions of the defendant, and the statement that the defendant purchased marijuana in contact with C around January 1, 2015.

C. Since it is sufficient to recognize the facts constituting the crime stated in the port, the confession of the defendant as to the above facts constituting the crime shall be reinforced.