마약류관리에관한법률위반(대마)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall trade, or smoke in, marijuana.
1. On December 3, 2016, at around 22:00, the Defendant purchased 6g of marijuana 400,000 in cash from D, a book for supply of hemp merchant lines, located in the domicile of the Defendant, Gangnam-gu Seoul, Seoul, and 502.
Accordingly, the defendant purchased marijuana.
2. Smoking marijuana;
A. On December 3, 2016, around 22:30 on December 3, 2016, the Defendant smoked marijuana in a way that, at the same place as above, 1.5L shots, sticks tobacco pipes and shots in a quantity equivalent to half of saws, in a quantity equivalent to half of saws, and as soon as possible in a smoke.
B. On December 9, 2016, around 20:00, the Defendant smoked marijuana in the foregoing manner at the above place.
(c)
around 20:00 on December 10, 2016, the Defendant smoked marijuana in the same manner as above at the above place.
(d)
around 20:00 on December 11, 2016, the Defendant smoked marijuana in the same manner as above at the above place.
E. On December 12, 2016, around 20:00, the Defendant smoked marijuana in the foregoing manner at the above place.
Accordingly, the Defendant smoked marijuana over five times.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Photographs of seized articles;
1. Application of Acts and subordinate statutes to an investigation report (the result of an appraisal of seized articles, the training of marijuana), a report on the investigation of narcotics (the result of a regular appraisal of narcotics, the training of marijuana), and the written appraisal of narcotics;
1. Article 59 (1) 7 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the point of trade in marijuana) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of trade in marijuana and the selection of imprisonment with prison labor);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be the most severe violation of the Narcotics Control Act due to the sale and purchase of marijuana).