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(영문) 서울북부지방법원 2016.09.23 2016고합353
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall trade or smoke marijuana.

1. The mariju Trading C suggested that the Defendant collected money from the Defendant to purchase marijuana, and the Defendant provided C with KRW 250,000,000 to the Defendant, and around November 1, 2015, C paid KRW 50,000 to F on the street near “E Station” located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and purchased the marith, which is a 2/3 volume or volume of 2/3 volume of the maribb beverage beverage beverage.

Accordingly, the Defendant sold and purchased marijuana in collusion with C.

2. Smoking marijuana;

A. On November 1, 2015, the Defendant, in collusion with C, smoked marijuana in a way of inserting a pipe made up of a string in front of the residence of C in Seoul Special Metropolitan City, Nowon-gu, in a vehicle operated by C, which was parked on the street in front of the residence of Seoul Special Metropolitan City, Nowon-gu.

B. In collusion with C, the Defendant smoked in the same manner as the foregoing paragraph at around 02:00, on November 2015, at the same place as the above paragraph (a).

(c)

At around 02:00 on December 2015, the Defendant, in collusion with C, smoked an influent marijuana in the same manner as in the foregoing paragraph (a).

(d)

On January 1, 2016, the Defendant, in collusion with C, smoked a large amount of marijuana in the same manner as the above paragraph (a) at the same place as that of the above paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the interrogation of suspects by the prosecution;

1. Application of the Acts and subordinate statutes on narcotics appraisal statement (A, A’s cryption);

1. Article 59 (1) 7 and Article 3 subparagraph 9 of the Act on the Selection of Narcotics, etc., Article 30 of the Criminal Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 of the same Act, Article 3 subparagraph 10 (a) of the same Act, and Article 30 (the point of smoking marijuana and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Concurrent crimes with the punishment 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 largest for the violation of the Narcotics Control Act by the purchase of marijuana).

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