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(영문) 수원지방법원 성남지원 2019.08.13 2019고합118
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On November 201, 201, the Defendant received approximately 5g of marijuana from C in a vehicle set up in a nearby alleyway in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and purchased marijuana by remitting KRW 100,000 to C’s bank account on November 11, 201.

2. On November 201, 201, the Defendant: (a) made marijuana tobacco in the middle-gu Seoul Metropolitan Government D Building; (b) the Defendant’s residence, as purchased in accordance with paragraph (1); and (c) made the hemp tobacco in the form of tobacco paper; and (d) smoked marijuana in a way that a smoke gets off.

3. On December 201, 201, the Defendant: (a) received approximately 5g mariths from C in a vehicle set up in a new alley in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) transferred KRW 100,000 to C’s bank account on December 28, 201; and (c) purchased marijuana.

4. On December 201, 201, the Defendant: (a) made marijuana tobacco purchased as specified in paragraph (3) at the Defendant’s residence, as well as tobacco paper; (b) attached a string to the string; and (c) smoked marijuana by entering the string.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against C or F;

1. Application of Acts and subordinate statutes to investigation reports (the details of deposits into and out of accounts of C and G, details of selective transfers, telephone calls, etc., details of telephone calls, etc., reports on the marijuana market and confirmation of C judgments);

1. Article 3 of the Addenda to the Act on the Management of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011) regarding criminal facts and Article 59(1)12 and Article 3 subparag. 10 of the former Act on the Management of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); however, Article 59(1)7 and Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 8, 2012; hereinafter “former Act on the Control of Narcotics, Etc.”) stipulate the applicable provisions of the indictment under Article 59(1)12 and Article 3 subparag. 10 of the former Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011).

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