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(영문) 의정부지방법원 2013.06.13 2013고단360
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment 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.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Crimes committed on November 2012;

A. At around 19:00 on November 12, 2012, the Defendant conspired with D, put about about 0.5g of hemp in a pipe of tobacco made of Aluminium Aluminium in the field of penta-gun-gun-gun, the Defendant smoked with D by inserting a fire.

B. The Defendant, at the same time and place as indicated in the foregoing paragraph, delivered and received approximately one gram of the hemp plant to D without compensation.

2. Crimes committed on December 2012;

A. At around 16:30 on December 8, 2012, the Defendant, in collusion with D, posted approximately 0.5g of hemps into the pipe of tobacco made of Aluminum aluminium, in collusion with D, and smoked with D by attaching a fire.

B. The Defendant granted and received approximately 0.5 grams of hemp plants to D, at the same time and place as the foregoing paragraph (a).

3. Crimes committed on January 2013;

A. At around 19:00 on January 27, 2013, the Defendant smoked by inserting approximately 0.5g of hemp in a tobacco pipe made of Aluminum aluminium in a warehouse located in Gyeonggi-do G.

B. At around 10:30 on January 30, 2013, the Defendant kept and possessed a total of 120.7gs of the hemp plant at the Defendant’s dwelling place located in the Gyeonggi-do G G and its frontway, etc., by dividing it into 120.7gs.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Records of seizure, etc. and photographs of seized articles (No. 6 and No. 7 of the evidence list);

1. A certificate of simple reaction test;

1. Written replys (No. 17 of the replys to requests for written expert testimony, No. 17 of the evidence);

1. Ratification (No. 19 of a response to requests for appraisal of seized articles, No. 19 of evidence);

1. Application of the Acts and subordinate statutes (No. 22 of the reply letter of reply to the request for appraisal, No. 1 of the evidence list);

1. Article 61 (1) 4 (a) and subparagraph 10 of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of each imprisonment with prison labor) concerning facts constituting an offense, Article 61 of the relevant Act and the Management of Narcotics, Etc.

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