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(영문) 의정부지방법원 2014.07.23 2014고합40

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

No person shall smoke or take in marijuana or marijuana seed coats, or trade the hemp seed or marijuana seed coats knowing the fact, and the defendant shall not cultivate, possess, possess, give, receive, transport, keep, or use marijuana because he is not a person handling narcotics.

1. Around 15:00 on September 30, 2012, the Defendant received marijuana from E in the vicinity of Dongducheon-si C where approximately three times of smoking could have been transmitted and received from the Defendant.

2. On December 7, 2012, the Defendant: (a) transferred KRW 500,000 as the price for the purchase of marijuana to the account of community credit cooperatives (Account Number G) in the name of “F used by E” at the Government-si; and (b) purchased the marijuana by means of receiving two plastic containers containing two plastic containers sent by the former E at the I branch in Dongdu City at H on December 8, 2012 at the I branch in Dongdu City at H on December 11, 2012.

The Defendant, including this, purchased marijuana equivalent to KRW 2,50,000 in total, five times from around December 7, 2012 to April 9, 2013 by the following means: (a) from E to E, the Defendant purchased marijuana equivalent to KRW 2,50,000 in total.

3. Around 22:00 on October 1, 2012, the Defendant: (a) made a pipe for smoking in a smoking place in the Defendant’s dwelling located in J apartment 103 dong-si, J apartment 1104 dong-si; (b) made the pipe for smoking in a smoking place; (c) made the pipe for smoking in a smoking place; and (d) made the pipe for smoking in a smoking manner by attaching the fluencies to the smoke; and

The Defendant, including this, smoked marijuana from October 1, 2012 to May 2013, 201 through the foregoing 13 times in total, as indicated in [Attachment 2] List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of suspects Nos. 2 and 3 as to E in preparation of a private holiday;

1. The application of Acts and subordinate statutes to a copy of the investigation report (Attachment to I Distance), a copy of the investigation report (the account for the sale of marijuana of a suspect - community credit cooperatives);