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(영문) 부산지방법원 서부지원 2017.10.26 2017고합65
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

Criminal facts

[2017 Gohap 65]

1. On November 12, 2013, the Defendant purchased 5g of marijuana from E on the street in front of the E’s home located in Seongbuk-gu, Sungnam-si, from around 650,00 won to around October 13, 2016, and traded marijuana over 30,650,000 won as indicated in the list of crimes in attached Form, from around 64 times to around 64 times, as indicated in the list of crimes in attached hereto.

2. Smoking marijuana;

A. On January 2016, the Defendant made a pipe at the Defendant’s house located in Seongdong-gu Seoul, Seongdong-gu, thereby putting about 1g of the hemp plant in its inner part, and smoked in a way that fiffs it with a fire attached thereto.

B. On October 2016, the Defendant made a pipe at the house of the above Defendant’s company, booming the pipe, and then smoked by inserting approximately 3g of hemps into the plant and attaching a fire to the plant.

[2017 Gohap 94]

3. Around August 2015, the Defendant, who was in possession of marijuana, was in possession of the H’s office located in G at Annju City around 22:00, with the intention of smoking, by cutting off the weightless marijuana, which is sealed by H in the gambling site, and possessing it for the purpose of smoking.

4. Smoking in marijuana.

A. On September 2016, the Defendant: (a) around 23:00, around early September 2016, around SM7 passenger cars owned by the Defendant’s mother-friendly, parked in the front of the residence of the Defendant located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) divided the amount of 1/2 of the marijuana dried from H and omitted; and (c) smoked in a manner that inhales it.

B. On January 2017, the Defendant smoked marijuana at the place indicated in the above paragraph (a) around 20:00, in the same manner as the description indicated in the above paragraph (a).

Summary of Evidence

[2017 Gohap 65]

1. Statement by the defendant in court;

1. Entry concerning E in the protocol of interrogation of a suspect of the prosecution, or the third-time protocol of interrogation of the suspect of the prosecution against E, H or I;

1. A written appraisal of each drug;

1. Books, the details of each account transaction, and copies of the passbook (the defendant's defense counsel has no evidence of reinforcement of the confession of the defendant with respect to the crime of smoking marijuana around January 2016, as stated in paragraph (1) of the judgment of the court below.

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