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(영문) 수원지방법원 성남지원 2017.10.19 2017고합193

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment with prison labor 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. The Defendant, along with C, expressed his intent to purchase marijuana from a person in the name unexploited by using Addi “E” at the Internet’s website for marijuana sales.

A. C around April 3, 2017, ordered marijuana 1110g to the person under the name below, and the Defendant exchanged an amount equivalent to 4.890,000 won in cash to the address of the bitco-owner known by the seller to the seller, and received approximately 110g of marijuana, which is contained in the enclosed Seoul Gangnam-gu Seoul Metropolitan Government F building’s ceiling and hole, around 23:36 on the same day.

B. C around April 5, 2017, ordered marijuana 1110g to the person in default of the name above, and the Defendant exchanged 4.9 million won in cash into a non-coin and transferred it to the bitcoin known by the seller, and received approximately 110g of marijuana at the same place as the above paragraph (a) on the same day, around 22:07.

2. The defendant's sole criminal conduct;

A. On April 4, 2017, around 02:00, the Defendant smoked by inserting approximately 0.2g of marijuana in pipes from 301 in Gwangju-si, Gwangju-si, and attaching a fire to smoke.

B. On April 6, 2017, at around 02:00, the Defendant smoked approximately 0.2g of marijuana in the same manner and in the same place as the above paragraph (a).

(c)

On April 20, 2017, the Defendant smoked approximately 0.2g of marijuana at the same place as the above paragraph (a) at around 15:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the statement on conversation between a suspect A and C, other than a case, and H mail), investigation report (Attachment to a written judgment for a crime committed) and investigation report (the calculation of an additional collection charge);

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

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 59 (1) 7 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;