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(영문) 수원지방법원 2016.02.18 2015고단6097
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence shall be confiscated as provided for in subparagraphs 2 through 5 and 10 through 12.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. On August 23, 2015, the Defendant received marijuana: (a) received approximately 750 grams from D without compensation at a parking lot near Ansan-si, Ansan-si; and (b) received it from D, at the same time, around August 23, 2015.

2. On August 23, 2015, the Defendant: (a) around August 23, 2015, smoked marijuana: (b) at the time and place indicated in paragraph (1); (c) at the deduction of tobacco smokes; and (d) at the same time and place as indicated in paragraph (1), 0.5g of marijuana received as indicated in paragraph (1); and (c) at the same time, smoked by a smoke

3. On November 17, 2015, the Defendant smoking marijuana: (a) around 04:0 on November 17, 2015, around the same year, the Defendant smoked marijuana at the Defendant’s vehicle driver’s seat parked in the parking lot in front of the Defendant’s residence (No. 202); and (b) in the same manner as paragraph (2) on one occasion.

4. On December 2, 2015, around December 16, 2015, the Defendant, holding marijuana, carried it in a manner of storing 134.73gg of marijuana, packed into newspapers and gambling papers, inside the said Defendant’s residential coolant, at around December 16:10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Data from analyzing and reporting the details of currencies) and from extracting communications data;

1. A report on investigation (the arrest of a suspect and the execution of a warrant of search and seizure verification), residence and seized articles and photographs;

1. Each protocol of seizure;

1. Investigation report (the result of an examination of simple reagents against the victim), simple reagents photographs;

1. A report on investigation (Attachment of seized articles) and a photograph of the confiscated hemp;

1. Notification of the results of each legal chemical appraisal and appraisal report;

1. Investigation report (report on the confirmation of an excursion ship as a result of suspect maternity appraisal), and the application of Acts and subordinate statutes notifying the results of legal chemical appraisal;

1. Article 61(1)6 of the pertinent Act and Articles 4(1)1 of the Act on the Selection and Control of Narcotics, Etc. (the receipt of marijuana and the choice of imprisonment), Article 61(1)4(a), and Article 3 subparag. 10 of the Narcotics Control Act (the receipt of marijuana and the selection of imprisonment), and Article 61(1)4 of the Narcotics Control Act.

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