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(영문) 서울중앙지방법원 2018.08.17 2018고합458

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

Nos. 1 through 7, 9, 10, and 10 of the same evidence of seizure.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant cultivated marijuana: (a) around April 17, 2018, at the large room D and 301, set up 3 ambencing content, LED lighting, hot heat, and ventilation, etc., and cultivated eight marijuana.

2. On April 17, 2018, the Defendant, who was in possession of marijuana, stored approximately 145.53g and approximately 109.96g (including the weight of each plastic bag) in a vinyl bag and carried marijuana for the purpose of sale.

3. On March 9, 2018, the Defendant sold marijuana: (a) received KRW 1,950,000 in cash in front of “F” located in Gangnam-gu Seoul, Gangnam-gu; and (b) subsequently sold approximately 30g of marijuana to G.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in G;

1. Protocol of seizure (patch No. 231 of investigation records);

1. A statement on narcotics (a statement on the investigation records No. 420 pages);

1. Investigation report (referring to a mariju cultivation book or set-off investigation of marijuana found at the cultivation place of marijuana), and the books of marijuana attached thereto, copies of oars, investigation report (the investigation of marijuana-related photographs discovered from mobile phones), and cellular phone photographs attached thereto;

1. Photographss of seized articles and cellular phone hosting photographs;

1. Application of each Act and subordinate statutes to the photographs of seized GIST and copies of respective G mobile phones;

1. Article 61 (1) 6 of the relevant Act and Articles 61 (1) 2 and 4 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. (the cultivation of marijuana and the choice of imprisonment), Article 59 (1) 7 and subparagraph 7 of Article 3 of the Narcotics Control Act (the occupation of holding marijuana for the purpose of sale and purchase of marijuana or for sale);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment as provided for in the Act on the Control of Narcotics, etc. Due to Purchase and Sale of Narcotics, etc., of the largest punishment and the nature of the crime];

1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (Article 67 of the Act on the Control of Confiscated Narcotics, Etc.) is seeking confiscation of a pipe of the hemp that has been seized (Article 57 of the said Act). However, confiscation or collection under Article 67 of the said Act shall