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(영문) 서울서부지방법원 2019.10.16 2019고합218
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall smoke marijuana.

1. Trade in marijuana;

A. On February 13, 2017, at around 00:00, the Defendant purchased marijuana by depositing approximately 4g of the hemp contained in the plastic bag in C, a seller of marijuana, in the vicinity of Yongsan-gu Seoul Metropolitan Government, into a bank account (E) in the name of C at around 01:30 on the same day.

B. On March 18, 2017, at the front of the Gangnam-gu Seoul Metropolitan Government Fro, the Defendant: (a) received approximately 2g g of marijuana contained in the plastic blicker in C from the said C; and (b) purchased marijuana by depositing KRW 200,000 into the said D bank account in the name of C at around 18:33 of the same day.

2. Smoking marijuana;

A. From the end of March 2019, the Defendant

4. Between the first floor of the studio house in Gangnam-gu Seoul Metropolitan City and the first floor of the Pidio in Gangnam-gu, smoking marijuana was made in a way of inserting the hemp in a fluor of tobacco with a fire and inhaleing the smoke.

B. From the end of March 2019, the Defendant

4. At the first floor of a single house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, smoking in the above manner the marith of hemp together with J.

C. From the end of April 2019, the Defendant

5. A male foreigner, who was unable to identify in the Yongsan-gu Seoul Metropolitan Government Office or the 1st floor “L club”, was smoking marijuana in a way of inhaleing the e-tobacco by inserting the upper part of the e-tobacco into an electronic tobacco machine, and then inhaleing the e-tobacco.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of police officer regarding C (second time);

1. A copy of the investigation report (the analysis and investigation of suspect A mobile phone calls), a copy of the investigation report (the verification and investigation of the crime of the purchase of marijuana A), C, the closure photographs of the contents of A M dialogue, and a copy of the statement of transactions of entry into and departure from the account of C;

1. The report on the results of simplified reagents, the report on the assessment of narcotics, and the report on the assessment of narcotics;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Matters concerning the relevant Article of facts constituting an offense and the management of narcotics selected for punishment;

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