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(영문) 의정부지방법원 고양지원 2017.05.26 2017고합72
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

1. Notwithstanding that the Defendant is not a handler of narcotics, on December 1, 2016, the Defendant: (a) received approximately 0.7 grams from F in the “E” office in which the height operated by the Defendant in Gangnam-gu Seoul, Seoul, for the seller of narcotics, from 0.7 grams; and (b) mediated the trade of F and G marijuana by receiving 150,000 won in cash from G on December 3, 2016 and delivering it to F.

2. Although the Defendant was not a handler, he purchased approximately 1 g of hemp from F at the time and place specified in the above paragraph 1, for about 150,000 won.

3. Smoking marijuana;

A. On December 5, 2016, around December 5, 2016, the Defendant, at the above “E” office around December 5, 2016, posted a large amount of marijuana into the pipe for smoking, with the H and his/her name destroyed (i.e., “I”), and led to the smoke generated by inserting the pipe for smoking, and then smoked in a way of a horseing.

B. Around December 8, 2016, the Defendant, who was parked in front of the above “E” office around December 8, 2016, smoked marijuana by inserting a pipe made of plastics together with G in the Jworketetian car, and spreading a smoke generated by attaching a fire, while smoking it in a way of Gama.

(c)

Around December 13, 2016, the Defendant smoked marijuana in the same manner as G and F, together with G and F, in the instant rocketing car of the Defendant parked in front of the above “E” office around December 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and statements made by the G concerning the suspect examination of the prosecution;

1. Application of Acts and subordinate statutes to the investigation report (related to mobile analysis), text of judgment, picture of the contents of K conversations, the hemp output, and the details of withdrawal;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, Etc. and Articles 3 and 3 subparagraph 7 of the Act on the Management of Narcotics, Etc. (the point of arranging the trade of marijuana and purchasing marijuana) concerning criminal facts, and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning criminal facts.

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