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(영문) 서울중앙지방법원 2015.05.29 2015고합178
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall trade marijuana, or smoke or take in it.

1. On July 1, 2014, around 01:00, the Defendant sold approximately 2.8 grams to E from “D” located in Mapo-gu Seoul Mapo-gu Seoul, for approximately 2.8 grams to E.

2. On August 2014, the Defendant sold approximately 1.8 grams of marijuana to E at the same place as the mid- to 01:00,000.

3. Around 02:00 on August 2014, the Defendant smoked in a way that, within the parking lot of the building located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government F, with marijuana as a paper farcing, following the farcing of marijuana.

4. Around 02:00 on September 25, 2014, the Defendant sold approximately 7 grams to E from “D” as described in paragraph (1) to KRW 800,000.

5. On September 25, 2014, around 02:10 on September 25, 2014, the Defendant smoked marijuana along with E in the building parking lots listed in paragraph 3, in a way that the following smokes are cut off.

6. On October 5, 2014, around 00:59, the Defendant possessed approximately 8.13 grams to E for the purpose of selling approximately 8.13 grams from “D” as described in paragraph (1) to E for 1.2 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, each list of seizure, photographs of seized articles, and photographs of the scene of crime;

1. The application of Acts and subordinate statutes, such as written judgments and confirmations, copies of suspect interrogation records, investigation reports (in response to the results of appraisal of green plants presumed to be marijuana), requests for appraisal, response to requests for appraisal, investigation reports (in response to the market price of marijuana), investigation reports (in addition to the decisions of public offense E and the progress of trials), one copy of the decisions, investigation reports (inform of calculation of additional collection charges

1. Article 59 (1) 7, Article 3 subparagraph 9 (the point of possession for the purpose of trade and purchase of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 30 (the point of use of marijuana smoking and the choice of imprisonment) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply to concurrent crimes, and shall be due to possession for the purpose of trade of marijuana, the largest punishment for which is held;

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