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(영문) 수원지방법원 2019.10.31 2019고합442
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

Although the Defendant is not a narcotics handler, the Defendant treated the hemp as follows:

1. Around July 23, 2018, the Defendant received marijuana: (a) around July 23, 2018, around the new wall of the Defendant’s dwelling in Gwangju City, C, the land owner of which sent through Kwikset service, and received marijuana.

2. Around July 23, 2018, the Defendant smoking marijuana: (a) around the new wall, around July 23, 2018, smoked marijuana by removing the contents of the tobacco at the residence of the said Defendant; (b) inserting inside the substance of the tobacco, and smoking a smoke that occurred with the following smoke attached thereto.

3. On December 2018, 2018, the Defendant purchased marijuana from the toilets of “E”, a club located in Gangnam-gu Seoul, Gangnam-gu, Seoul, at around the time of a new police officer, around December 2, 2018, with a cash of KRW 100,000,000 to the seller of marijuana on his/her name, and with a flapared amount of marijuana.

4. On December 2018, 2018, the Defendant smoked marijuana in a way of removing the contents of tobacco from the toilets of “E,” a club located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and inserting in the said facilities the smoke of marijuana generated by attaching a fire, and smoking the smoke that occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Third and fourth police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to F dialogues between Suspects and A), ( Results of Analysis of Suspect A's Currency Details), (Attachment to 2019-H-4328, 2019-H-4328), and (Calculation of Additional Charges)

1. Article 61 (1) 6 of the relevant Act and Articles 4 (1) 2 of the Act on the Selection and Control of Narcotics, Etc. (the point of receiving marijuana and the choice of imprisonment), Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana, the choice of imprisonment), Article 59 (1) 7, and subparagraph 7 of Article 3 of the Narcotics Control Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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