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(영문) 의정부지방법원 고양지원 2015.04.10 2014고합282
마약류관리에관한법률위반(대마)
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall trade or smoke marijuana.

1. The Defendants were willing to purchase marijuana from D with their own money and with their own knowledge.

At around 20:00 on July 14, 2014, the Defendants: (a) received approximately 1g of marijuana from D, and (b) paid KRW 110,00 in the price for marijuana, in front of the Goyang-dong Office Etel in Goyang-si.

Accordingly, the Defendants jointly traded marijuana.

2. Smoking marijuana;

A. At around 22:00 on July 14, 2014, Defendant A smoked marijuana by inserting the marijuana purchased as referred to in paragraph (1) into the tobacco in the vicinity of 1270 Yandong-gu, Seoyang-gu, Seoyang-si, 1270, and attaching a fire to B, and spreading it.

B. Defendant B smoked marijuana at the same date, time, and place as the above paragraph (a) in the same manner as the above paragraph (a).

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of suspect examination of the police about D;

1. Report on investigation by the prosecution (calculated additional charges);

1. Application of the Acts and subordinate statutes of each request for appraisal to each written request for written request for inspection;

1. Article 59 (1) 7 and Article 3 subparagraph 9 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the occupation of smoking marijuana and the choice of imprisonment, respectively) concerning the crime;

1. Concurrent crimes among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act (within the scope of the sum of concurrent crimes among concurrent crimes resulting from the purchase of marijuana, and the long-term punishments of two crimes);

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

1. The proviso to Article 67 of the Narcotics Control Act: Confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc., respectively, shall not aim at deprivation of profits from criminal acts, but shall be subject to disciplinary character;

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