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(영문) 수원지방법원 성남지원 2017.07.20 2017고합86
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

1. Around January 16, 2015, the Defendant sold hemps: (a) around KRW 300,000 in cash from D, and sold approximately KRW 2g of hemps, in a rooftop room where the Defendant, located in Mapo-gu Seoul Metropolitan Government, resides; (b) around 22:24, 2015.

2. Smoking of hemp plants:

A. On November 20, 2015, the Defendant smoked by attaching approximately 0.3g of the hemp plant as a horse in the paper, on any sea side located in Jeju, around 17:00, at around 17:00.

B. On February 22, 2016, at the parking lot located in Mapo-gu Seoul Metropolitan Government F on February 15, 2016, the Defendant: (a) posted approximately 0.3g g of hemp as a horse in the paper, followed by the Defendant’s smoking along with G and H.

(c)

On April 27, 2017, the Defendant smoked around 15:00 by attaching approximately 0.3g of hemps to the paper, on any side located in a stick in the Thailand around 15:0.

3. On February 22, 2016, the Defendant: (a) around 15:20 on February 22, 2016, in the first floor below the Seoul Mapo-gu Seoul Metropolitan Government FF Kapet; and (b) in the transparent vinyl plastic bag, the Defendant was in possession of the hemp

Summary of Evidence

1. Partial statement of the defendant;

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

1. Letters of minor reagents test results, each request for appraisal, each narcotics appraisal report, telephone conversations between D and I, simple reagents test results, and photographs of seized objects;

1. Application of investigation reports (the country and result of appraisal of the victim's own defense), investigation reports (to record and investigate telephone conversations with a witness), investigation reports (suspects' reinforcement evidence related to smoking in the hemp around November 20, 2015) and Acts and subordinate statutes shall apply;

1. Article 59 (1) 7, Article 3 subparag. 7 (the point of trade in marijuana), Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) (the point of trade in marijuana and each choice of imprisonment), Article 61 (1) 6, and Article 4 (1) 2 (the marijuana) of the Narcotics Control Act concerning the facts constituting an offense;

The prosecutor seems to apply Article 59 (1) 7 and Article 3 (7) of the Narcotics Control Act to the Act on the Criminal facts in Article 59 (3) of the judgment.

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