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(영문) 서울북부지방법원 2016.06.03 2016고합147
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall trade or smoke marijuana, and no person other than a handler of narcotics shall possess it, and the defendant is not a handler of narcotics.

1. On August 2015, the Defendant smoked marijuana in a way that contains approximately 0.17g of marijuana in the pipe for smoking marijuana and inhales it by inserting the smoke into the pipe for smoking marijuana from around 23:0 to around 404, Namyang-si, Namyang-si.

2) On March 11, 2016, around 23:00, the Defendant smoked marijuana in a part of the tobacco openings removed from the “F Hospital” parking lot located in Nowon-gu, Seoul Special Metropolitan City, by inserting approximately 0.17g of marijuana and melting the smoke with a fire.

2. On October 2015, the Defendant: (a) received 100,000 won from G on the first night of October 2015, the Defendant sold and purchased marijuana by selling 1/3 of plastic bags with a volume of 1/3 volume or volume.

2) On January 1, 2016, the Defendant: (a) received KRW 100,000 from G from the instant officetel 404 to sell and sell marijuana by selling 1/2 volume or volume of plastic bags with the weight of KRW 1/2 volume or volume.

3. Around March 18, 2016, the Defendant: (a) kept the masts containing approximately 3.48g of marijuana in the instant officetel 404 multi-use rooms; and (b) carried the masts in possession of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. A police statement with H;

1. A report on investigation (calculated additional collection charges);

1. Each protocol of seizure and each list of seizure;

1. At the time of the examination by a private person on the grounds of the examination by a private person and a written reply to each request for an appraisal (a list No. 16,23);

1. Application of the Acts and subordinate statutes to each protocol concerning the examination of suspect (2, 3 times) to G;

1. Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. for Criminal Facts, and Article 61(1)4 (a) of the pertinent Act, and Article 61 subparag. 10 (a) of the Act on the Management of Narcotics, Etc. for which the choice of punishment has been made, and Article 59 subparag. 7 and Article 3 subparag. 9 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016).

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