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(영문) 서울북부지방법원 2020.04.10 2020고합48
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

A person other than a person handling narcotics shall not arrange the trade of marijuana, nor smoke or keep marijuana, and the defendant is not a person handling narcotics.

1. On January 2020, the Defendant: (a) received a request from B (B, C, and India’s nationality) to the effect that “marithing marijuana; (b) received the request from B (B, C, and India’s nationality); and (c) gave consent thereto; (d) around January 29, 2020, around 20:50, the Defendant received the purchase price for marijuana under the name of B before the Defendant’s residence in Yongsan-gu Seoul, Yongsan-gu; and (b) transferred approximately 10g of marijuana to B, who was in the said residence.

As a result, the defendant assisted the trade of marijuana between B and B, and his name-free boxes.

2. Smoking marijuana;

A. On January 29, 2020, the Defendant: (a) around 21:20 on January 29, 2020, at the Defendant’s residence, passed through a paint with water surface by raising the marithic load on the Hoday; and (b) smoked with B in a manner of spreading the smoke.

B. At around 23:00 on February 2, 2020, the Defendant smoked the smoking amount of marijuana in the above way in the above residential area.

3. On February 11, 2020, the Defendant kept approximately 0.54g of hemp in a transparent vinyl, and approximately 1.11g of hemp guns, such as hemp powder 0.52g and 0.05g, in a transparent vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. A copy of the protocol of interrogation of the police (second time) concerning B; and

1. A letter of narcotics appraisal, a documentary examiner, a written confirmation, and CCTV images;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of CCTV images related to marijuana transaction circumstances between a suspect and a person other than the case) and a report on an investigation (Attachment of a written request for appraisal by a State and

1. Article 59 (1) 7 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc. (the point of handling marijuana) for criminal facts, the choice of punishment, and Article 61 (1) 4 (a) of the Act on the Control of Narcotics, Etc.;

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