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(영문) 수원지방법원 2013.03.29 2012고단6033
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 narcotics handler.

around 21:00 on October 1, 2010, the Defendant sold the hemp seed coats of 103.8g from around 20:00 to 1:388,00 won in total, as shown in attached Table 1, from around 20:0 on September 12, 2010 to December 21:00, 201, to E in the street of Mapo-gu Seoul Metropolitan Government 202, including selling 1.5gg of hemp seed coats of 103.8g of hemp seed coats of 103.8g on December 31, 2010.

B. Around 20:00 in the middle of December 2008, the Defendant smoked the hemp seed coats by inserting approximately 0.5g of the hemp seed coats in pipes created as a cover day in Mapo-gu Seoul, Mapo-gu, and attaching a fire to smoke by a smokeing method within the scope of 20.5g of the hemp seed coats, and as indicated in attached Table 2, from the above date to November 14, 2012, the Defendant smoked the hemp seed coats six times in total from the above date to November 20:00.

C. At around 16:40 on November 28, 2012, the Defendant possessed the hemp plant seed coats by inserting approximately 0.96g of the hemp plant seed coats on the west of the Defendant’s residential storage place located in Mapo-gu Seoul, Mapo-gu, Seoul, 402.

Summary of Evidence

1. Statement of a defendant in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Investigation report (pict copies, response to training narcotics, and personal information of foreigners in charge of marijuana);

1. Application of Acts and subordinate statutes as a result of narcotics appraisal;

1. Article 61 (1) 4(a), (b) and (c) and Article 3 subparagraph 10 of the Act on the Control of Narcotics, etc. for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

4. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant sells considerable amount of marijuana.

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