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(영문) 수원지방법원 평택지원 2018.05.28 2018고합55
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 2017, the Defendant: (a) issued one vinyl paper containing 100 g of hemp from D in 100 to the new bank account (number: F) in the name of E on October 11, 2017, at the time of Jin-si, the residence of the first patrolman; and (b) purchased 100 g of hemp by remitting KRW 340,000 to the new bank account (number: F) in the name of E as the purchase price.

2. Points of smoking marijuana

A. On February 27, 2018, at around 15:00, the Defendant smoked marijuana in a way that, along with G at the places described in the foregoing paragraph (1), 0.5g of the hemp pipe by inserting it into the pipe of the hemp, and then inserting it into a stringer with a fire.

B. On March 1, 2018, the Defendant: (a) placed tobacco pipe in a H car parked on the front road of the C Building, which was parked on March 1, 2018; and (b) smoked in a manner that inhales the smoke by attaching the pipe with a fire by a rater.

3. The possession of marijuana;

A. On March 1, 2018, the Defendant, at around 11:00, posted the 32.7g g of the hemp plant to the right-handus for sale on the road located in Pyeongtaek-si I.

B. On March 1, 2018, at around 15:40, the Defendant built marijuana leaves cultivated as a hemp seed dried by D around March 1, 2017, and then sealed it in vinyl 275gs for sale, and dried the said residence plan.

Summary of Evidence

1. Statement by the defendant in court;

1. J dialogue photographs;

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

1. A report on investigation (a letter of narcotic appraisal (2018-M-4441) added);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc. for the Prevention of Crimes and the Selection of Punishment (the purchase of marijuana and the possession of marijuana for each trade purpose) and Article 3 subparagraph 7 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act (the fact of smoking marijuana, the selection of imprisonment, and Article 30 of the Criminal Act)

1. The aggravated Criminal Act for concurrent crimes.

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