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(영문) 서울남부지방법원 2019.08.16 2019고합196
마약류관리에관한법률위반(대마)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant assisted the trade of marijuana, upon receiving a request from the Party B, who is not a broker for the trade of marijuana, sent the marijuana from the Party B to the Party B, with the mind of delivering it to the Party B, and arranged the trade of marijuana between C and B on two occasions as follows.

On March 2017, 2017, the Defendant: (a) was on the street in front of the Ethnyang-gu, Hongyang-si; (b) was frightened by C with the fright amount of marijuana in front of the G elementary school located in F in Namyang-si, Namyang-si; and (c) received the said marijuana amounting to KRW 600,000,000 in cash from B; and (d) was engaged in trade of marijuana by delivering the said cash to C.

B. Around January 18, 2018, the Defendant paid KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000

2. Around 18:00 on January 18, 2018, the Defendant smoked marijuana once in the manner of smoking in a passenger car with the Defendant’s vehicle stopped under the L located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, with the non-fluence of marijuana by attaching the non-fluence of marijuana to tobacco paper.

Summary of Evidence

1. Defendant's legal statement;

1. Among the suspect interrogation protocol of the defendant against the defendant, evidence supporting the confession made in the statement to the effect that "the defendant saw as being the son of the defendant, and saw as smoking marijuana from the defendant, the same shall apply to the case where the defendant saw as smoking marijuana," is sufficient if it can only be recognized that the confession of the defendant is not processed, but true, even if it is not sufficient to acknowledge the whole or essential part of the crime.

In addition, indirect or circumstantial evidence, which is not direct evidence, can be reinforced evidence, and confession and reinforcement evidence are mutually.

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