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(영문) 서울서부지방법원 2018.02.14 2017고합386
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 26, 2017, around 23:30 on September 26, 2017, the Defendant: (a) boarded the hemp plant with a number of 100,000 won in cash, which he/she became aware of in the front of the D police box located in Yongsan-gu Seoul Metropolitan Government; and (b) purchased the hemp plant in cash.

2. On September 27, 2017, the Defendant smoked in the “G cafeteria” parking lot located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul. On September 27, 2017, the Defendant obtained hemp purchased from the “E” at the main shop, subtracting the dust of ordinary tobacco from the “H” and then smoked in a way of smoking by inserting the fluencing by inserting the fluor.

3. Around 15:00 on September 27, 2017, the Defendant stored the hemp plant in a wall for the purpose of smoking 0.17 grams remaining 0.17 grams purchased from the said “E” at the main point of “J” in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each protocol of seizure and each list of seizure;

1. A written appraisal of each drug;

1. Application of investigation reports (report on the results of preliminary tests for narcotics (marijuth training), investigation reports (verification of data on video recording of on-site CCTV), investigation reports (Calculation of Additional Charges), and Acts and subordinate statutes;

1. Article 59 (1) 7 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the point of purchase of marijuana), Article 61 (1) 4 (a) and Article 3 and Article 10 (a) of the Narcotics Control Act, Article 30 (the point of smoking marijuana, the choice of imprisonment with labor) of the Criminal Act, Article 61 (1) 4 (b) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of smoking marijuana, the selection of a punishment), Article 61 (1) 4 (b) and Article 3 of the Act on the Management of Narcotics, Etc.;

in possession, the choice of imprisonment

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the scope of the sum of the length of each offense as provided for in the judgment of violation of the Narcotics Control Act due to the purchase of marijuana in the holding with the largest punishment) ;

1. Matters concerning the observation of protection, order to attend lectures and order to provide community service, the observation of protection, etc. under Article 62-2 of the Criminal Act;

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