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(영문) 수원지방법원 여주지원 2020.06.25 2020고합34
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

Defendant is not a narcotics handler.

1. On April 18, 2019, the Defendant deposited 100,000 won into the Agricultural Cooperative Account (C) in the name of the purchase price for marijuana at an insular site (hereinafter “C”) at around 15:18, and purchased an insular marijuana from around 18:23 to 18:53 of the same day in an insular place near E located in E in Sjuju City.

2. The Defendant: (a) smoked, at the time, at the time and place specified in the foregoing paragraph (1) above, in a general tobacco for which the tobacco plant was removed, in fluencing the dried leaf of marijuana; and (b) smoked the marijuana by putting the flucing the flucing in a flucing manner; and (c) thereafter, smoked the flucing of the flucous marijuana over a total of six occasions, as indicated in the

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in the police interrogation protocol of the defendant and the defendant B;

1. Each request for appraisal, reply and written appraisal;

1. The details of telephone calls and photographs on account execution;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the deposit of transaction price), investigation report (calculated additionally);

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, respectively) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim: ① The fact that the defendant was found to have taken the marijuana from B as shown in the judgment of the court below is not the purchase of marijuana; ② The smoking of marijuana as described in paragraph 2 of the judgment of the court below is all the facts.

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