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(영문) 서울중앙지방법원 2019.08.20 2019고합435
마약류관리에관한법률위반(대마)
Text

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

An appraisal of marijuana 21.75g No. 1 in a transparent vinyl package seized.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2017, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Seoul Central District Court on December 18, 2017 and completed the execution of the sentence.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. On May 5, 2019, the Defendant purchased approximately 28g of marijuana from his/her name and French (hereinafter “B”), from his/her mother-gu, Yongsan-gu, Yongsan-gu, Seoul, to 100,000,000 won. On May 6, 2019, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana purchased at the Defendant’s residence of the C building D at Sinsuling City around May 6, 2019, by inserting approximately 0.5g of marijuana, among marijuana purchased at the Defendant’s residence of Sinsuling C building D, and inserting it along with E, by inserting the smoke generated by droping it along with E.

Accordingly, the defendant purchased marijuana and smoked marijuana in collusion with E.

2. On May 13, 2019, the Defendant smoked marijuana in such a way as to inhale the smoke generated by heating it into a drama, on the marijuana smoking machine made by a paint in the Defendant’s residence, as described in paragraph (1), at the lowest of May 13, 201.

3. On May 13, 2019, at around 20:30 on May 13, 2019, the Defendant possessed approximately 22.87ggs of marijuana, which were contained in vinyl blin bags and 1g of marijuana contained in plastic bags, in the Defendant’s residence described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Protocols of seizure, list of seizure and photographs of each police;

1. Reporting on investigation (to attach photographs to the scene of search and seizure);

1. Investigation reports (defensives, results of appraisal of seized articles), and reports on requests for appraisal (Evidence Nos. 29,30)

1. Report on investigation (related to the calculation of a surcharge), narcotics to the Supreme Prosecutors' Office and publication thereof; March 2019;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to a certified copy of criminal records of narcotics A);

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