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(영문) 서울중앙지방법원 2018.10.04 2018고합706
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 30, 2018, the prosecutor revoked the prosecution concerning smoking in marijuana around June 2013 among the facts charged in the instant case, and around November 2015, the prosecutor dismissed the prosecution on the same day.

No person shall trade or smoke marijuana.

1. On January 201, the Defendant: (a) paid KRW 700,00 to C in the vicinity of the Gangnam-gu Seoul Metropolitan Office Officetel; and (b) purchased marijuana 7g from it.

2. On June 2013, the Defendant: (a) paid KRW 700,00 to C; and (b) purchased marijuana 7gs from the Defendant.

3. On November 2015, the Defendant purchased marijuana by paying 700,000 won to C at the places described in paragraph 1, and taking approximately 7g of marijuana from it.

4. At around 01:00 on October 7, 2016, the Defendant: (a) deducted the tobacco plant in Gangnam-gu Seoul Metropolitan Government D from the tobacco plant; and (b) smoked in a way of smoking by inserting the marith of marijuana purchased, as described in paragraph (3), into the said tobacco; and (c) attaching a fluor.

5. On December 2016, the Defendant smoked in a G parking lot located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, by putting H and marijuana in pipes and melting them with a fire.

6. On August 30, 2017, the Defendant possessed approximately 0.95g of marijuana in the air conditioners of the Gangnam-gu Seoul Building and the office of “K” located in J and on the books.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Protocols of seizure (voluntary submission), list of seizure, investigation report (investigation related to seized articles, such as green plants), investigation report, results of appraisal of seized articles, such as satise, etc. (marijuth training), non-prosecution decision (H), police check;

1. Application of the relevant Acts and subordinate statutes;

1. Article 1 of the Act on the Control of Narcotics, Etc. and the elective Punishment for Criminal Facts (No. 6. 201)

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