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(영문) 대구지방법원 상주지원 2015.08.11 2015고단161
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

6,800,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 8, 2014, the Defendant of criminal records was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court's Pyeongtaek site, and the sentence becomes final and conclusive on the 16th of the same month and is still under the suspended sentence.

Criminal facts

Defendant is not a narcotics handler.

1. On Nov. 1, 2014, the Defendant sold marijuana by receiving 1.5 million won from E’s volunteer soldiers F, who became aware of 28g of marijuana, a narcotics, in the DKafin located in the Suwon-siman Zone, as good offices of the military personnel E, who are friendly.

2. On December 2014, the Defendant sold marijuana 28g at F’s residence of G 4th floor G 402 E located in the Suwon-si Area at the end of the end of the day of December, 2014, with the amount of KRW 1.5 million and 1.5 million.

3. On January 1, 2015, the Defendant: (a) sold marijuana 28g of the hemp 28g, in a f-owned car in a place specified in paragraph (1) to F; (b) received 1.5 million won in f-owned car; and (c) sold it to F with 1.5 million won in f-owned car.

4. Around February 8, 2015, the Defendant sold the hemp 28ggs in vinyl click, which was parked on the front door of the Cheongst apartment near Silst Silst in Silst City, to F, with 1.5 million won per annum and 1.5 million won per annum.

5. At around 22:00 on February 26, 2015, the Defendant sold marijuana 14g, in the Defendant’s residence, I apartment 101 Dong 101, and 101, in a vinyl 101, the Defendant received 80,000,000 won, to F.

Summary of Evidence

1. The witness F's legal statement (a statement that he/she has purchased marijuana from the defendant, recognizing credibility in light of the overall process, contents, consistency, etc. of the statement);

1. Statement of E in the protocol of the trial of a narcotics case in the F and E military judgment (the statement that F connects the defendant and that there is an entry between him and the defendant according to the trade of marijuana in the F);

1. In the case of an investigation report (a copy of the result of the analysis of evidence attached) and the message sent and received between E and F, “whether it is possible to allow a person to receive the message.”

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