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(영문) 서울중앙지방법원 2016.12.16 2016고합1177
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The defendant is not a person handling narcotics of the United States of America.

1. Around October 29, 2016, the Defendant, at his accommodation in Gangnam-gu Seoul Metropolitan Government C and 509, placed marijuana in pipes with D, and inhaled it with a fire.

Accordingly, the defendant, in collusion with D, smoked marijuana.

2. The Defendant: (a) around October 30, 2016, sent approximately 1g of marijuana to D at the places indicated in the preceding port; (b) received approximately 60,000 won from D.

Accordingly, the defendant sold marijuana.

3. On November 3, 2016, at around 21:20, the Defendant kept the marijuana of approximately 66.93g in total within the glass branch and within the sporespores.

Accordingly, the defendant possessed marijuana.

4. On August 2016, 2016, the Defendant found the amount equivalent to KRW 1 million at the gallon city S 7 mobile phone market price owned by the victim G while bringing it to his/her accommodation as stated in paragraph (1).

As a result, the defendant embezzled a thing that has deserted another person's possession.

Summary of Evidence

【Facts 1 to 3 at the Time of Sales】

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report ( inside the suspect's residence and attaching photographs of seized articles);

1. Each protocol of seizure;

1. The result of the simplified test conducted by the suspect A;

1. Written reply (Investigation Report), response to request for appraisal-compact;

1. The photograph of seized articles (the fact of No. 4 on the market);

1. Defendant's legal statement;

1. A G statement;

1. Application of Acts and subordinate statutes to the protocol of seizure (afford submission of evidence No. 7);

1. Article 61(1)4 (a), Article 3 subparag. 10 (a), Article 30 of the Criminal Act, Article 59(1)7, and Article 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Articles 61(1)6 and 4(1) of the Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); and

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