beta
(영문) 서울남부지방법원 2017.01.11 2016고단5392

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1, 2, 3, 5 through 10 shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, and shall not smoke, possess, and keep marijuana.

1. Smoking marijuana;

A. At the end of December 2015, the Defendant smoked marijuana by inserting the marith (0.5g 1 time smoking volume) of marijuana in the pipes made of Aluminium finium finite at the Defendant’s residence of Yeongdeungpo-gu Seoul Metropolitan Government (Dtel 1309), and attaching the marith (0.5g 0.5g finium).

B. On January 2016, the Defendant smoked marijuana in the same place as paragraph (a) at the end of the horse, and in the same manner as Paragraph (a).

(c)

On February 2, 2016, the Defendant: (a) parked in the Defendant’s F, which was parked under the high-priced level of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul E Station; (b) smoked the marith of marijuana in the same manner as (a)

(d)

around 23:00 on November 2, 2016, the Defendant parked in a restaurant parking lot near Seongdong-gu Seoul, Seongdong-gu, where the trade name is unknown, and smoked by the same method as Paragraph (a) in the coo car.

2. Possession and custody of marijuana;

A. On November 2, 2016, the Defendant: (a) kept 0.48g of marijuana in the third floor parking lot of Htel underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, for smoking purposes; (b) kept 1.9gg of marijuana in the vehicle behind the driver’s seat of the coos car; and (c) carried and kept marijuana.

B. On November 3, 2016, around 11:07, the Defendant kept 377.72g of marijuana for the purpose of smoking at the Defendant’s residence of the said officetel 608.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (related to the confiscated amount of marijuana);

1. Ratifications (with regard to replys by the State and the results of appraisal by the State-defensives, seized articles);

1. Application of the statutes of the response request for appraisal;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of each marijuana smoking) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the same Act on criminal facts;