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(영문) 서울중앙지방법원 2018.08.23 2018고단1034
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 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. Receipt of marijuana;

A. On December 28, 2016, around 22:30 on December 28, 2016, the Defendant received from D University located in Seoul C, the mathic quantity of marijuana (one cigarette amount) from E without compensation.

B. Around December 29, 2016, the Defendant received marijuana in the “G” training facility located in the Gangnam-gu Seoul Metropolitan Government F, and received it from H free of charge (three pieces of tobacco).

(c)

On March 19, 2017, around 19:00, the Defendant accepted the math of hemp (one cigarette) from the domicile in Jongno-gu Seoul Metropolitan Government I third floor, and the math of the math of hemp to E as described in the above paragraph (a).

2. Smoking marijuana;

A. The Defendant smoked in the same date, time, and place as paragraph 1(a), and in a manner of drinking smoke from marijuana received as described in the same paragraph.

B. The Defendant, at the same time and place as the paragraph (c) of Article 1, dysnizes the smoke generated by attaching the fire to the fluent quantity of marijuana (one fluent quantity of tobacco) received together with the above E, and dysnish.

Accordingly, the defendant smoked marijuana in collusion with E.

(c)

On April 2017, around 20:00, the Defendant smoked in the Jongno-gu Seoul Jongno-gu J Park and in the same manner as the above paragraph (a).

3. On April 2017, at around 20:0, the Defendant, holding marijuana, as indicated in Section 2-C (C), carried the fluorous quantity (as stated in Section 1-B) among marijuana received at the J Park set forth in Section 2-C, by inserting it in a wrapping box, and carrying it in a way of accompanying the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects of E and H by the prosecution;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 61(1)6 of the Act on the Management of Narcotics, etc., and Articles 4(1)2 (the point of receipt of marijuana) and Article 61(1)4 (a) and 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc., concerning criminal facts (the criminal facts).

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