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(영문) 광주지방법원 2020.01.10 2019고합468
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant dealt with marijuana as follows, despite that he is not a person dealing with narcotics, as a friendly licensee residing in the Republic of Korea:

1. Trade in marijuana;

A. On June 21, 2019, the Defendant: (a) on the street in front of the C in Gwangju Mine-gu, Gwangju; (b) obtained approximately 1g of the hemp plants contained in a disposable vinyl package from D; and (c) stated this part of the facts charged as “after having received it,” and expressed that the Defendant purchased and sold marijuana in a manner that he first received it, and deposited it. However, according to the records of this case, the Defendant revised it ex officio to the extent that it did not infringe the Defendant’s right to defense, to the extent that it did not transfer the money at the same time, and did not infringe upon the Defendant’s right to defense.

The first clause was also amended equally.

On the same day, at around 21:22, the hemp purchased from the E bank account (F) in the name of the defendant to the E bank account (G) in the name of D to KRW 1.20,000.

B. On June 22, 2019, at the same place as the above paragraph (a) above, the Defendant purchased hemps by taking approximately 1g of the hemp plants contained in the disposable vinyl package from D, and by remitting KRW 120,000 to the accounts used by D, such as Paragraph (a) on the same day at around 18:43 of the same day.

2. Smoking marijuana;

A. At around 21:40 on June 21, 2019, the Defendant smoked the hemp plant in a way that, as referred to in paragraph 1(a), approximately 0.5g of the hemp plant purchased from D at the Defendant’s house of the Gwangju Mine-gu, Gwangju, by inserting approximately 0.5g of the hemp plant purchased from D, instead of 1g, in one cigarette leaves contained in one cigarette, and then smoking the hemp in the same way as approximately 3:4 hours thereafter, and in the same way, approximately 0.5g of the hemp plant was smoked.

B. On June 22, 2019, the Defendant stated that “17:00 is the date and time of the crime in this part of the facts charged.” However, according to the records of this case, the Defendant purchased marijuana as seen in Article 1(b) of the facts charged and smoked after the Defendant purchased it.

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