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(영문) 의정부지방법원 고양지원 2013.06.05 2013고단404

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for 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

The defendant is not a person handling narcotics.

A person other than a person handling narcotics shall not cultivate, possess, possess, give or receive, transport, store, or use marijuana.

1. On September 18, 2012, the Defendant made three tobacco costs using marijuana (A. 1.5g), which is narcotics, etc. possessed by German friendly-gu D, at the hotel hotel room in Germany Abscam, and smoked with D continuously by attaching fire to D.

2. Around September 23, 2012, the Defendant: (a) made use of marijuana (maid 0.5g) that is narcotics, etc. possessed by German friendly-gu D in the E hotel hotel room located in Germany Frant, and smoked with D by attaching a fire together with D, after making use of marijuana (maid 0.5g).

3. On December 1, 2012, at around 03:00, the Defendant smoked in the front of the “G” club located near the Mapo-gu Seoul National University with a name-free male (U.S. nationality, 20 latter half) with a bit of one cigarette for marijuana (0.5g), which is a narcotics (0.5g), located in the said club, and with a name-free male (Canadian nationality, 30 first half), and a bit of a name-free female (20 second half and second half) located there.

Accordingly, the defendant smoked and used marijuana over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;