beta
(영문) 의정부지방법원 2013.10.17 2013고단2723

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

No person shall smoke marijuana or its seeds, and the defendant shall possess, receive, or deliver marijuana because he/she is not a person handling narcotics.

1. On March 2013, at around 20:0, the Defendant received approximately 1.77 grams from C at an office located on the first floor B in Namyang-si, Namyang-si, Seoul, at a free price, and received it.

2. At around 23:00 on April 23, 2013, the Defendant: (a) reduced the first part of the tobacco per cigarette at the Moel parking lot located in Do Government-si; (b) made a single charge for “mariju tobacco” among marijuana received, as prescribed in paragraph (1), containing approximately 0.5g of the hemp received; and (c) made it possible to generate a single charge for “mariju tobacco” and smoked marijuana on the entry.

3. At around 02:00 on April 26, 2013, the Defendant received, without compensation, approximately 0.5 grams from E from the first floor office underground under paragraph (1).

4. On April 28, 2013, at around 03:00, the Defendant: (a) reduced the first part of the tobacco per cigarette in the vicinity of the Daejeon P apartment 4 Complex; and (b) made a single cigarette containing approximately 0.5g of the hemp tobacco received in that part, such as paragraph (3), and smoked the hemp by making it possible for the Defendant to smoke in the entry.

5. On May 9, 2013, at around 17:00, the Defendant reduced the first part of the tobacco per cigarette 501 in Kuri-si G, and added approximately 0.5 grams among marijuana received, as prescribed in paragraph (1), and made a fire by forming a “mari tobacco” among marijuana received, and smoked marijuana by smoking in the entry.

6. On May 9, 2013, at around 19:25, the Defendant possessed, by inserting approximately 0.77gg of marijuana remaining after smoking, among marijuana received, as prescribed by paragraph (1), in vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report attached to the C suspect examination report);

1. Investigation report (Report accompanied by an interrogation protocol of the E);

1. A response to a request for appraisal (No. 9 of the evidence list);

1. Photographs of seized articles;

1. The Acts and subordinate statutes shall make an investigation report (market investigation of narcotics and calculation of additional collection charges);