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(영문) 의정부지방법원 2013.09.12 2013고단2160
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 one shall smoke marijuana, and no defendant shall receive, keep, etc. marijuana because he/she is not a handler of narcotics.

1. On October 2012, the Defendant kept marijuana: (a) received 2 gals from D without compensation from D in a dog breeding ground operated by D in Pocheon-si; (b) around that time, he/she stored it in the balps farm operated by the Defendant in Pocheon-si E from around that time to June 11, 2013.

2. Receipt of marijuana;

A. At around 20:00 on May 1, 2013, the Defendant granted, without compensation, the non-filled marijuana, among marijuana kept in custody as referred to in paragraph (1), to G at the Defendant’s residence located in Spocheon-si F.

B. On June 11, 2013, at around 20:00, the Defendant delivered, without compensation, the fluorous marijuana, among marijuana kept in custody as referred to in paragraph (1), to G, and received it.

3. On November 201, 2012, the Defendant smoked marijuana over 12 occasions in total, from November 2012 to June 11, 2013, as indicated in the attached Form (Crimes List) including: (a) making one cigarette “mari tobacco” among marijuana stored under paragraph (1), which was stored in the earth farm operated by the Defendant in Spocheon-si; and (b) making one minute of the tobacco among marijuana stored under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the second protocol of examination of suspect to the prosecution concerning G;

1. The police statement concerning G;

1. Written statement of the prosecution and the prosecutor’s seal;

1. A narcotics appraisal statement;

1. A copy of an investigation report (a copy of the investigation report to H);

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, Etc. (the storage and receipt of each marijuana and the choice of each imprisonment), Article 61 (1) 4 (a) and Article 3 (10) of the Narcotics Control Act concerning criminal facts;

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