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(영문) 수원지방법원 안양지원 2017.06.29 2017고단730
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 January 201, 2017, the Defendant smoked marijuana in such a way as to put approximately 1g of marijuana in the pipe made of the ambling paper with E and F, and rupe and inhale the smoke generated by heating the smoke, within the center of “D” located in Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant smoked marijuana in collusion with E and F.

2. On March 2017, the Defendant received marijuana at the end of the end of March, 2017, and received marijuana free of charge to E within the residence of Gangnam-gu Seoul, Gangnam-gu and 204 E, about 5.2g of marijuana.

3. On April 22, 2017, the Defendant smoking marijuana: (a) around 02:00 on April 22, 2017, the Defendant smokeed marijuana by inserting approximately 1g of marijuana in the pipe created by the gambling ground in the Defendant’s dwelling located in Yeongdeungpo-gu Seoul Metropolitan Government, and inhaleing smoke generated by heating the smoke.

4. On April 27, 2017, the Defendant possessed marijuana for the purpose of smoking: (a) on April 27, 2017; (b) on April 27, 2017, the Defendant, who was in possession of marijuana, carried marijuana, by inserting approximately 2.74g of marijuana into a vinyl paper for the purpose of smoking within the main points of “D” as indicated in paragraph (1) around around 20:40.

5. On April 28, 2017, the Defendant, holding marijuana for smoking purposes, kept approximately 25.3g of hemp paper by dividing it into three vinyl paper in the Defendant’s residence, as indicated in paragraph 3 of around April 28, 2017, for the purpose of smoking in the air conditioners located in the Defendant’s residence, and carried marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Notification of the result of appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 61 (1) 6, Article 4 (1) 2, and Article 61 (1) 4 (a) and (b) and Article 61 (1) 4 (a) and (b), Article 3 subparagraph 10 (a) and (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, Article 30 of the Criminal Act, the selection of a sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62Da103, Jan. 1, 201).

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