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(영문) 서울남부지방법원 2015.07.08 2015고단1765
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

No person shall smoke marijuana or possess it for the purpose of smoking.

1. Possession of marijuana for the purpose of smoking;

A. On March 25, 2015, around 08:30, the Defendant: (a) divided marijuana approximately 4.396g, extracted from the west-gun, west-gun, Chungcheongnam-do, into a paper and a disposable vinyl; and (b) possessed nick by ging it into a tobacco package, which was stored in a tobacco package, for smoking at the port of supply of Kimpo-gun located in Gangseo-gu, Seoul, Gangseo-gu, Seoul, for the purpose of smoking at the port of supply of Kimpo-gun located in 86.

B. On March 25, 2015, around 10:50 on March 25, 2015, the Defendant’s purpose is to smoke in the Dong-gu Incheon Dong-gu B apartment, 112 Dong 308, 112 Dong-dong 308, the Defendant’s residence of the Defendant.

It was possessed in the way of packing and storing approximately 7.61g of marijuana extracted in the same manner as the paragraph, in the form of packing and storing them in paper.

2. Points of smoking marijuana;

A. On March 15, 2015, at around 21:00, the Defendant smoked marijuana of a value of tobacco in a manner of injecting the part of dust, excluding the pen portion of tobacco in the neighboring alley-dong, Nam-dong, Incheon, Incheon, by inserting marijuana extracted in the same manner as that of paragraph (1), and inserting it in which smoke is inhaled.

B. On March 21, 2015, around 19:00, the Defendant smoked marijuana of a quantity of tobacco in front of the Dong-gu Incheondong B apartment 112, Dong-gu, Incheon.

C. At around 10:00 on March 24, 2015, the Defendant smoked one amount of tobacco in the “D funeral home” parking lot located in the Dong-gu Incheon Metropolitan City, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (to reply to the result of appraisal of seized articles);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 61 (1) 4 (b), Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc. (the possession of marijuana and the choice of each sentence), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (1) of the same Act on the Control of Narcotics, etc., concerning facts constituting an offense;

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