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(영문) 부산지방법원 2013.06.14 2013고합262
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

The defendant is not a person handling narcotics.

1. Trade in marijuana;

A. On June 2012, 2012, the Defendant purchased the hemp plant 140,000 won by putting D 1,40,000 won at the last place of residence of Ulsan-gun, Ulsan-gun.

B. On July 2012, 2012, the Defendant purchased the hemp plant 140,000 won with D’s 140,000 won at the same place as the above paragraph (a).

2. The Defendant intake marijuana: From June 2012, 201 to the early police officer.

7. The hemp purchased as stated in the above paragraph (1) was put into the water within the residence of the accused in Busan, Daegu E, and the hemp was taken in the following manner:

3. Receipt of marijuana;

A. On July 2012, 2012, the Defendant issued to F, who was aware of the fact at the place same as the above paragraph 2, a breath of the hemp plant, a delivery to F, who was in a usual place.

B. On July 2012, the Defendant delivered to G, who had been aware of the fact in a usual place at the same place as the above paragraph (2) of this Article, a franchising of the hemp plant’s franchis (al.e., approximately 1-2 drinking volume) to G.

4. On July 18, 2012, at around 22:15, the Defendant possessed the hemp plant by storing approximately 484g of the hemp plant on the floor of the embankment and on the television decoration inside and inside the snives of the snivers, and inside and outsides of the snivers of the hemp plant.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of suspect examination of prosecution against D, G, and F;

1. The prosecutor's statement concerning G;

1. Records of seizure and the list of seizure;

1. Notification of the results of narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation report (the search site for marijuana and the photograph of seized marijuana in the suspect's residence);

1. Article 59(1)7 of the Act on the Control of Narcotics, etc., and Articles 3 subparag. 9 (the point of trade in marijuana, the choice of imprisonment), Article 61(1)4 (a), Article 3 subparag. 10 (the point of taking marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc., and Article 61(1)6 and Article 4(1)2 of the Act on the Control of Narcotics, etc.

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