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(영문) 부산지방법원 동부지원 2019.03.29 2019고합8
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

The defendant is not a person handling narcotics.

1. Smoking marijuana;

A. From October 13, 2017 to October 20:33, 2017, the Defendant: (a) extracted the hole in the instant instant park located in Busan Shipping Daegu, Busan, with D, into the instant park; and (b) made it possible for the Defendant to d to d to cut the fry of marijuana on the instant part; and (c) made it possible for the Defendant to d to d to d to d to d to d to d to d to d to d to d to d to d to ero

The Defendant, in collusion with D, smoked marijuana.

B. On November 14, 2018, the Defendant smoked the hemp in a way that 0.1g hemps were added to the hemps in front of the Busan Urban Complex, Busan Urban Complex, and then injected a smoke in a manner that inhales the smoke by inserting approximately 0.1g of hemps in the same way.

As such, the Defendant smoked marijuana.

2. Sale and purchase of marijuana;

A. From around 17:04 on December 26, 2017, at around 19:00 on the same day, the Defendant received approximately KRW 10g of hemp and KRW 1300,000 in cash from the half-side shop in Busan Shipping, Daegu, and Daegu, to the said D.

Accordingly, the defendant sold approximately 10g of hemp to D for about 1.3 million won.

B. On April 2, 2018, from around 23:25 to around 23:59 of the same day, the Defendant was granted approximately 2g of marijuana to the said D, and KRW 3.60,000 in cash, at the frontway of the H in Busan metropolitan Daegu G.

Accordingly, the defendant sold approximately 2g of hemp to D for about 3.60,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Statement of seizure of each police;

1. Each police investigation report (the No. 16, 18, 20, 28, 37 of the evidence list);

1. The telephone details (defendants, D), details of account transactions, letters of prosecutor’s request, pictures of seized articles, replys to requests for appraisal, results of analysis of digital evidence, application of court rulings or statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Prevention of Narcotics, Etc., Article 30 of the Criminal Act (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning facts constituting an offense, and Article 61 (1) 4 (a) and Article 3 (10) of the same Act;

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