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(영문) 서울남부지방법원 2018.09.06 2018고합320
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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. Trade in marijuana;

A. On April 2, 2018, at around 23:30, the Defendant sold marijuana by receiving approximately KRW 20,000,00 in cash 1.8,000 from the office of Mapo-gu Seoul, 102 Dong 401, to D, approximately 20g of hemps contained in transparent vinyl bags.

B. Around April 9, 2018, the Defendant: (a) received approximately KRW 28g of the hemp plant 2.4 million in cash from D, and sold marijuana from D, to F, a transparent vinyl white, in a single house E in Seodaemun-gu Seoul, Seodaemun-gu Seoul.

2. Smoking marijuana;

A. around December 27, 2017, the Defendant: (a) smoked from a mutual infinite club located in Vietnam, under which approximately 0.5g of finites were reduced, and finites were put in the finite, with the following fire attached thereto.

B. The Defendant smoked approximately 0.5g of the hemp on the H rooftop located in Mapo-gu Seoul Metropolitan Government at night around February 2, 2018 through March 3, 2018 in the same manner as described in the foregoing paragraph.

(c)

The Defendant smoked approximately 0.5g of hemps in the same manner as the description of the foregoing paragraph from D’s house inside the house mentioned in paragraph (1) immediately after the date of entry in paragraph (1).

(d)

On April 3, 2018, the Defendant smoked approximately 0.5g of the hemp plant at the Defendant’s home, Guro-gu Seoul Metropolitan Government I and 101, in the same manner as the foregoing paragraph, around the new wall.

E. On April 19, 2018, the Defendant smoked approximately 0.5g of the hemp plant in the same manner as described in the foregoing paragraph in the alley near the J Station of Yeongdeungpo-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or F;

1. Police seizure records and list of seizure;

1. Investigation report (in response to a request for appraisal - reproduction, conspiracy), and response to a request for appraisal;

1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 subparagraph 7 of the Act on the Management of Narcotics, etc. (the point of sale of marijuana), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (the point of sale of marijuana), Article 61 (1) 4 (1) and Article 3 subparagraph 10 (a) of the same

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