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(영문) 서울중앙지방법원 2019.04.26 2019고합228
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

No person is allowed to trade or smoke marijuana, but the defendant dealt with it as follows:

1. On August 2018, the Defendant: (a) received 1.5 million won, as the purchase price for marijuana, from B, from B in the Round of the Gyeonggi-do Officetel, which is a domicile of B around the beginning of the first wall; (b) from B, approximately 1.5 million won, as the purchase price for marijuana; and (c) from B, approximately 1.28 grams (28g) of marijuana contained in vinyl b.

As a result, the Defendant purchased approximately one temperature (28g) from B for marijuana in KRW 1.5 million.

2. Smoking marijuana;

A. On August 8, 2018, the Defendant smoked marijuana in a manner that reduces the tobacco plant of one cigarette in the Seocho-gu Seoul Metropolitan Government D Building and the Defendant’s dwelling place, in which the Plaintiff collected the hemp plant, and then inhales the smoke generated by attaching the smoke with the smoke with the buster.

B. On September 2018, the Defendant smoked in the above-mentioned manner, where the Defendant’s residence was around the middle wall, the marith amount of hemp.

C. On November 2018, the Defendant smoked in the above-mentioned manner, where the Defendant’s residence, on the first top of the new wall, the marith of marijuana in the said Defendant’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to B;

1. Each seizure report and each narcotics appraisal report;

1. The application of each investigation report (in relation to attachment such as the suspect and B's 'F' 'F' reception records, and the calculation of additional collection charges) law

1. Article 59 (1) 7, subparagraph 7 of Article 3 ( point of purchase of marijuana), Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with the punishment specified in the Act on the Control of Narcotics, etc. (aggravating Crimes due to the purchase of the heavy marijuana);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. The Criminal Act, the suspension of execution;

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