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(영문) 서울중앙지방법원 2016.01.29 2015고합1125
마약류관리에관한법률위반(대마)
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the foregoing shall not apply 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. Trade in marijuana;

A. On June 6, 2015, the Defendant paid KRW 700,000 to E near Yongsan-gu Seoul, Yongsan-gu, Seoul and received approximately 14g marijuana from the Defendant.

B. On June 27, 2015, the Defendant paid KRW 1 million to E at the places indicated in the preceding paragraph, and received approximately KRW 14g of marijuana from E.

(c)

The Defendant paid 700,000 won to E at the same place on July 22, 2015, and received approximately 14g of marijuana from E.

Accordingly, the defendant purchased marijuana over three times.

2. Smoking marijuana;

A. On June 27, 2015, the Defendant, at the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu 301, attached the marith of marijuana to tobacco paper, and inhaled the smoke.

B. On July 22, 2015, the Defendant, at the same place as the Plaintiff around July 22, 2015, attached the marith of marijuana to the tobacco paper, and inhaled the smoke.

(c)

On September 3, 2015, the Defendant, at the same place on the same day and around September 3, 2015, attached a cigarette smoking, and inhaled the smoke.

Accordingly, the Defendant smoked marijuana over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol of interrogation of suspects of police officers against E;

1. (E), such as a copy of an appraisal report, protocol of seizure, list of seizure, request for appraisal, report on the progress of preliminary tests on narcotics, submission of an appraisal report, application of the Acts and subordinate statutes requesting appraisal and response to a request for appraisal;

1. Article 59 (1) 7, Article 3 subparagraph 9 (the point of trade of marijuana) 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. (the point of trade of marijuana and the selection of imprisonment for a punishment) concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes resulting from the violation of the Act on the Control of Narcotics, Etc. by Purchase of Cannabis around July 22, 2015, with the largest penalty];

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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