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(영문) 서울서부지방법원 2017.11.01 2017고합225

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

1. On February 1, 2017, the Defendant: (a) around 16:07, the Yongsan-gu Seoul Metropolitan Government and the first floor 201; and (b) no person traded marijuana; (c) transferred KRW 2.80,000 to D, etc. using a bitcoin account for the purchase price for marijuana; and (d) purchased it by finding approximately 2g marijuana, where the said D, etc. put in the outside air conditioner room near the Yeongdeungpo-gu Seoul Metropolitan Government E Station, around 22:00 on the same day.

2. On February 2, 2017, the Defendant: (a) around February 23:0, the Yongsan-gu Seoul Metropolitan Government and the first floor 201; and (b) even when no person smokes marijuana, he/she placed in the paper A4, puts a incombustible marijuana into the paper, puts it into the fry, added the smoke, and smokeed in a manner of smoking the smoke.

3. On March 25, 2017, the Defendant: (a) around 20:0, the second floor of Yongsan-gu Seoul Metropolitan Government, and (b) around 20:0, no one smokes marijuana; (c) placed in the paper A4, put a fluoral marijuana into the paper, put the fluent marijuana into the fluor; and (d) smokes in a way that smokes

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to G, D, and H;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 59 (1) 7 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the point of trade in marijuana) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of trade in marijuana and the choice of each imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the said Act [the punishment shall be aggravated by concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. Due to Sale and Purchase of Cannabis as of the largest judgment];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (the value of collection by additional collection: 280,000 won);

1. The order of provisional payment;