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(영문) 수원지방법원 안양지원 2018.04.06 2017고합219
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

Defendant is not a narcotics handler.

1. On January 2017, the Defendant smoked marijuana in a way that: (a) on January 1, 2017, the Defendant smoked it by inserting approximately 1g of marijuana in the pipe created along with D and F in the pipe located in Yeongdeungpo-gu Seoul Metropolitan Government D’E’s “E” station located in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) turning about 1g of it into the pipe created by a string and inhaleing it.

Accordingly, the defendant smoked marijuana in collusion with D or F.

2. Purchase of marijuana on October 1, 2017, and smoking of marijuana;

A. On October 1, 2017, around 01:05, the Defendant purchased marijuana from I, prior to the H convenience store located in the Seoul Gangnam-gu Seoul apartment site, with a cash of KRW 400,000,00 in cash, and with a vinyl package containing approximately 1g of marijuana.

B. On the same day, the Defendant smoked 1g of marijuana over two occasions by removing tobacco colon's leaves at the home of the Defendant J and B05, and by inserting marijuana purchased as above, inserting the maribs so-called so purchased.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of a suspect of F or D by the prosecution;

1. A report on investigation (a statement of a suspect as accomplice F, attachment of D rulings), a report on investigation ( a statement of a suspect related to purchase price) and a report on investigation (a report on the calculation of an additional collection charge);

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Article 59 (1) 7, Article 3 subparag. 7, Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 61 subparag. 10 (1) of the same Act, concerning the smoking of marijuana, and the smoking of marijuana under Article 3 subparag. 10 (1) of the same Act, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments of each offense as provided for in the crime of violation of the Narcotics Control Act due to the purchase of marijuana of the largest punishment);

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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