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(영문) 서울중앙지방법원 2015.09.24 2015고합647
마약류관리에관한법률위반(대마)
Text

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

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

Defendant is not a narcotics handler.

1. Purchasing the hemp plants;

A. On November 201, 2014, the Defendant purchased approximately 450,000 won in cash to C from the street near subway 2 subway stations located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the subway stations located in Seocho-gu, Seoul, to purchase approximately 3gg of hemp.

B. On December 29, 2014, around 23:00, the Defendant purchased 150,000 won in cash from D in front of the 340 subway No. 340 subway No. 2 in the vicinity of the rolling stock station in Gangnam-gu, Seoul, and purchased 1g of the hemp.

C. On January 20, 2015, the Defendant purchased approximately 150,000 won in cash from the alleyway near the 340 subway No. 340 subway No. 2 in Gangnam-gu, Seoul, and purchased approximately 1g of hemp plants.

On January 20, 2015, at around 20:0, the Defendant purchased approximately 300,000 won in cash from the 106-dong, Nowon-gu, Seoul Special Metropolitan City, to C at the 106-dong-ro 106-dong-ro 106-dong-ro 100, and purchased approximately 3g of hemp.

2. At around 03:00 in the middle of November 2014, the Defendant smoked the hemp plant up to 16 early February 2015, 2015, including: (a) the Defendant smoked the hemp plant in a manner of smoking tobacco while putting about 0.5g of tobacco in the home of the Defendant, Dongjak-gu Seoul Metropolitan Government E and 114 Dong 501; (b) putting about 0.5g of the hemp plant in a string; and (c) putting the tobacco in a string with a string as if he were to smoke; and (d) smoked the hemp plant up to 16 times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Copy of each protocol of suspect examination of the police against C;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes on details of currencies;

1. Article 59 (1) 7, Article 3 subparagraph 9 of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of trade in marijuana and the choice of imprisonment, respectively);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply mutatis mutandis to the sale and purchase of marijuana, which is the largest, around November 2014;

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