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(영문) 서울중앙지방법원 2019.09.27 2019고합571
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. Purchasing marijuana;

A. On October 24, 2018, the Defendant purchased and sold marijuana from D in cash at the domicile of the Gangnam-gu Seoul Metropolitan Government building B and the Defendant’s housing, with approximately 4,50,000 won, and approximately 3g of marijuana from D.

B. Around February 8, 2019, the Defendant: (a) purchased and sold marijuana in cash from D with approximately KRW 350,000,000 in cash; and (b) purchased and sold marijuana from D with approximately 5g marijuana located within the said Defendant’s residence.

2. Smoking marijuana;

A. At around 02:00 on October 25, 2018, the Defendant, in collusion with D, smoked in collusion with D by inserting marijuana in the pipe for smoking together with D, attaching a fire to the pipe for smoking in a way of spreading.

B. At around 02:00 on February 9, 2019, the Defendant, in collusion with D, smoked in collusion with D by inserting marijuana in the pipe for smoking together with D, attaching a fire, and spreading it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Statement of seizure (including submission in person) and statement of narcotics appraisal (number 15);

1. Details of the deletion of the Dmermos, DE dialogue (No. 2), investigation reports (Attachment to related official rulings) and the output of the judgment attached thereto (along with the KIN District Court Decision 2019No43) and the application of statutes;

1. Article 59 (1) 7, subparagraph 7 of Article 3 (hereafter referred to as "purchase of marijuana"), Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense, and Article 59 (1) 7, and Article 3 of the Act on the Management of Narcotics, Etc., which are

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (in the case of concurrent crimes resulting from the purchase of marijuana from the date of the largest punishment and imprisonment), Article 37 (1) 2, and Article 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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