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(영문) 서울중앙지방법원 2017.10.13 2017고합873
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

Notwithstanding the fact that the Defendant was not entitled to handle narcotics, the Defendant handled the marijuana as follows:

1. Purchasing marijuana;

A. On June 22, 2016, around 17:42, the Defendant remitted KRW 3 million, including KRW 1.5 million, to a new bank account (D) with the name of the hemp seller C, and on the 23th of the same month, purchased approximately 10g of marijuana from C in front of the residence of Gangnam-gu Seoul, Seoul.

B. On October 3, 2016, the Defendant remitted KRW 300,000 to the above C’s account at around 23:01, and purchased approximately KRW 2g of marijuana from C in front of the said C’s residence at around 23:30 on the same day.

(c)

On October 19, 2016, at around 20:41, the Defendant purchased approximately 4g of hemp from C in cash at the street in front of the residence of the above C.

2. Smoking marijuana;

A. From February 8, 2016, around 17:00 on February 8, 2016, the Defendant smoked marijuana of the size of the hand saw in plastic pipe at the Defendant’s residence of Gangnam-gu Seoul F AF A, 1502, by inserting it into plastic pipe and attaching it with a log, thereby spreading the smoke, and jointly with G.

B. On June 23, 2016, the Defendant smoked marijuana of the size of the hand saws in the Defendant’s residence by the aforementioned means, around a short time.

(c)

around 01:00 on October 4, 2016, the Defendant smoked marijuana of the size of the hand saw in the above Defendant’s residence.

(d)

around 22:00 on October 4, 2016, the Defendant smoked marijuana of the size of the hand saw in the above Defendant’s residence.

E. From November 201, 2016 to December 23:00, the Defendant smoked in the above manner, jointly with H, who is a birth village, in the above Defendant’s residence.

F. At around 22:00 on January 10, 2017, the Defendant smoked 1g of marijuana in collaboration with H, a private village, in the above Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police in relation to C, H, and G 1.

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