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(영문) 수원지방법원 2013.07.24 2012고단6348
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 a U.S. national who is not a narcotics handler.

1. At around 16:00 on September 16, 2010, the Defendant: (a) purchased approximately oneg of the hemp seed coats from D before Mapo-gu Seoul, Mapo-gu, 202, for the purpose of smoking at KRW 100,000; and (b) possessed the hemp seed coats for the purpose of smoking seven times from D’s date to May 22:00; and (c) purchased 9.5gg of the hemp seed coats from D to May 22:0, 2012.

2. Around September 22, 2010, the Defendant smoked the hemp seed coats in the F’s art work room located on the third floor of the building E in Jung-gu Seoul, Jung-gu, Seoul, by inserting approximately 0.5gg of the hemp seed coats with F in the pipe made by crying it into the pipe made by cryping the hemp seed coats, attaching it with a fire, and inhaleing smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning F and D;

1. Text messages;

1. Application of the Acts and subordinate statutes to notify narcotics appraisal results;

1. Article 61(1)8 and Article 3 subparag. 11 (the possession of marijuana seed coats and smoking) of the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 2011; Act No. 10786, Jun. 8, 2012); and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Taking into account all the circumstances, including the fact that the crime is committed in depth and the first offense);

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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