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(영문) 서울중앙지방법원 2018.08.30 2018고합554
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

One container for the storage of the seized marijuana (No. 2), one gambling paper (marijus smoking tool).

Reasons

Punishment of the crime

1. The Defendant recruited to purchase marijuana with B, and on June 2017, the Defendant purchased marijuana in the manner of buying it from B to the seller of marijuana, for which the name of “C” located in Germany, could not be known in the “C” park located in Germany, with the purchase price of marijuana 50 tons ( approximately KRW 62,450 in Korean language) received from B, and receiving fivegs of marijuana.

Accordingly, the defendant purchased marijuana in collusion with B.

2. Smoking marijuana;

A. B and the Defendant jointly smoked from Jun. 13, 2017 to Jul. 13, 2017, the pipe that was made as an stuffing stuff in the German B’s house located in the D, B, and the pipe that was purchased, such as paragraph 1, was in a way that it is impossible to find out, among marijuana purchased ( normally, 0.3 to 0.5g for marijuana smoking once, once 0.3 to 0.5g), and smoked with B, by inserting a fire.

Accordingly, the defendant smoked marijuana in common with B.

B. The Defendant’s sole smoking 1) around May 10, 2018: (a) around 23:00, the Defendant smoked marijuana in pipes made of 1/3 quantity of 1/3 (1 minute) of kis hand saw in the Defendant’s dwelling in Seodaemun-gu Seoul and the second floor (2); and (b) around May 10, 201, with a fire attached thereto.

2) On May 14, 2018, at around 23:00, at the residence of the above defendant, set forth in subparagraph 2.

(b) Smoking marijuana in the same manner as paragraph (1).

3) On May 15, 2018, at around 20:00, at the residence of the above defendant, set forth in subparagraph 2.

(b) Smoking marijuana in the same manner as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Protocol of seizure (Evidence No. 3);

1. Each letter of appraisal of narcotics (the sequence 37,38,39 of the evidence list);

1. Application of Acts and subordinate statutes on monthly trends in narcotics (the No. 35 of the evidence list);

1. Article 59 (1) 7 and Article 3 subparagraph 7 of the Act on the Selection and Management of Narcotics, etc., Article 30 of the Criminal Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana, the point of smoking marijuana), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc.

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