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(영문) 의정부지방법원 2014.05.12 2013고단4255
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall smoke marijuana or marijuana seed coats, and the defendant shall cultivate, possess, possess, give, receive, transport, keep in custody, or use marijuana, since he is not a person handling narcotics.

1. Smoking marijuana;

A. On July 15, 2013, around 15:00, the Defendant: (a) removed the first part of the smoke of one cigarette with D in a vehicle parked near the Gyeonggi-si, Gyeonggi-do; (b) made it possible for the Defendant to use the mari tobacco containing approximately 0.5g of marijuana in that vehicle; and (c) smoked marijuana in a way of smoking by attaching a fire to one another.

B. On August 2013, 2013, the Defendant: (a) removed the first part of the smoke of one cigarette with D in a vehicle driven in an apartment unit E in the middle of 2013, and made in which approximately 0.5g of the hemp tobacco was inserted; and (b) smoked in a way of smoking by attaching a fire to each other in a way of smoking.

2. The Defendant received marijuana from D at the same time and at the same place as the above “1-B” and received marijuana 1.07 grams from D without compensation. 3. Of August 2013, the Defendant: (a) carried marijuana 1.07 grams received from the Defendant in the Defendant’s residence located in Gyeonggi-si E Apartment-si, 207 Dong 1902, which was located in the Defendant’s house located in the instant “2” and carried marijuana 1.07 grams received from around that time to September 16, 2013; and (b) carried it in a way of placing it in a sponphone box, which is located in the instant “2”.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 61 (1) 4 (a) of the Act on the Control of Narcotics, Etc. for Criminal Facts and the Selection of Punishment, and Article 3 subparagraph 10 (Article 61 (1) of the Act on the Control of Narcotics, Etc.) of the same Act, Article 61 (1) 6 of the Narcotics, etc. Act and Article 4 (1) 2 of the same Act on the Control of Narcotics, etc., and the control of narcotics, etc.;

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