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(영문) 수원지방법원 2013.09.04 2013고단2652
마약류관리에관한법률위반(대마)
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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 possess the hemp seed for the purpose of smoking the hemp seed coats, or smoke the hemp seed coats.

1. On February 3, 2012, the Defendant: (a) purchased approximately 300 grams of hemp seeds from D in front of the C Station in Seongbuk-gu Seoul, Seongbuk-gu, for the purpose of smoking at KRW 35,000; and (b) possessed them for the purpose of smoking by purchasing approximately 300 grams of hemp seeds in KRW 35,00; and (c) on December 3, 2012, the Defendant purchased KRW 7,500 of hemp seeds for nine times in total, as indicated in the list of crimes in the attached list of crimes, and possessed them for the purpose of smoking.

2. At around 01:00 on April 23, 2013, the Defendant, at the “F,” the Defendant’s operation in Gangnam-gu Seoul, put the hemp seed coats in pipes made of Aluminium aluminium, and smoked once with a fire.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect concerning D; and

1. Records of seizure by public prosecutor;

1. Notification of the results of appraisal of narcotics;

1. Application of Acts and subordinate statutes to an investigation report (a written statement verifying mobile phones and a report on the calculation of additional collection charges);

1. Article 61 (1) 4 (a) and (b) and Article 3 (10) 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. Probation orders for one year probation, considering the fact that the defendant has no means to impose a fine on the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act, that the defendant does not sell marijuana to any other person, that the defendant recognizes the criminal facts and repents the criminal facts, and that the defendant has a similar criminal record during the period of one year.

It is so decided as per Disposition for the above reasons.

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