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(영문) 서울서부지방법원 2013.07.11 2013고합132
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On November 1, 2012, the Defendant received approximately 0.5g of the hemp plant from a French foreigner at “D club” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, for free, around 01:00, the lower court received approximately 0.5g of the hemp plant from the French foreigner.

2. At the time and place indicated in the preceding paragraph, the Defendant smoked in such a way as to the smoke of the hemp plant by putting the fluencies into strawering peter and attaching the fluor.

3. On February 1, 2013, the Defendant received approximately 0.5g of hemp plants from non-foreigners free of charge at the above “D club” around 01:00.

4. At the time and place indicated in the preceding paragraph, the Defendant smoked in such a way as to the smoke of the hemp plant by putting the fluencies into strawing peter and attaching the fluor.

5. On April 9, 2013, the Defendant: (a) contacted with a seller of the hemp plant in a foreign country via the Internet website, agreed to purchase 1g of the hemp plant at KRW 100,000; (b) transferred KRW 100,000 to the account designated by the seller of the hemp plant; (c) on April 13, 2013, around 10:31 of the Netherlands 865, the Defendant imported approximately 1g of the hemp plant by hiding it in the DoVD case in an international letter-post item and having it arrive at the Incheon State’s service.

6. Around 01:00 on April 23, 2013, the Defendant smoked the hemp in the dwelling of the Defendant, located in Seodaemun-gu Seoul, by using the hemp smoking machine, at the domicile of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for each appraisal by the National Institute of Scientific Investigation;

1. Each investigation report (information input report, arrest or investigation status, etc. of a suspect, report on the calculation of additional collection charges);

1. Application of the Acts and subordinate statutes of one g (No. 1) and one international postal bag, which has been seized;

1. The relevant provisions of the Act on the Control of Narcotics, etc. and the selection of punishment for the crime, respectively, and the marijuana provided for in Articles 61 (1) 6, 4 (1), and 2 (4) of the Act on the Control of Narcotics, etc.;

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