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(영문) 서울중앙지방법원 2014.02.06 2014고합3
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

In spite of the fact that anyone is prohibited from trading or smoking marijuana, the Defendant traded or smokeed marijuana as follows:

1. On September 2012, the Defendant purchased 5g of marijuana from the name “C” to the 500,000 won at a restaurant where the trade name in Gangnam-gu Seoul Shindong is unknown, and sold part of the hemp to D, as follows:

around 00:00 on October 3, 2012, the Defendant traded marijuana in the building toilet located at the “Rode Rode” name, Gangnam-gu Seoul, Seoul, with approximately 1g of marijuana contained in vinyl finite, and 130,000 won from D.

B. On October 5, 2012, around 21:00, the Defendant: (a) purchased and sold marijuana approximately 2g of the hemp contained in vinyl bars to D; and (b) purchased and sold marijuana by 300,000 won from D.

2. Smoking marijuana;

A. At around 20:00 on October 1, 2012, the Defendant: (a) stored approximately 2g of marijuana purchased from a single name “C” as referred to in paragraphs (1) and (2) of the Gangnam-gu Seoul Gangnam-gu apartment complex 1502; and (b) smoked marijuana by putting it into the pipe made of a stuffed paper; and (c) attaching a fire to it.

B. At around 22:00 on August 5, 2013, the Defendant smoked marijuana by inserting approximately 1g of marijuana purchased at the place from piracy sales to 20 U.S. dollars in tobacco pipes, and attaching a fire thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Investigation report (verification of the cancer trade price);

1. A letter of narcotics appraisal (A hair and physical appearance);

1. Application of the current status of A immigration statutes;

1. Article 59 (1) 7, Article 3 subparagraph 9 (the point of trade in marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of trade in marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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