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(영문) 서울중앙지방법원 2017.01.25 2016고합1188

마약류관리에관한법률위반(대마)등

Text

A defendant shall be punished by imprisonment for one year.

2,400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On February 2016, the Defendant sold approximately KRW 10,000,00 to D, within a passenger car parked on the road near the wife population C Apartment-si, G, the Defendant sold approximately KRW 10,000,000,000 to D.

2. On February 2016, the Defendant recognized that, within a passenger car parked on a road near the F Station located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant traded “EXP” at the time when the Defendant was aware that, within the passenger car parked on the F Station near the F Station located in Songpa-gu, Songpa-gu.

In the case of paragraph (3) below, the same shall apply.

2. The two were received free of charge.

3. Around March 4, 2016, the Defendant purchased at KRW 10 million, 10,000,000, know-how containing a local mental medicine listed in paragraph 2, within a passenger car parked near H Station located in Mapo-gu Seoul Metropolitan Government G.

4. The Defendant received marijuana from D, at the time, at the place specified in paragraph 3, approximately 2g of the hemp plant at no charge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of each statute of the judgment;

1. Article 59(1)7, Article 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Narcotics Control Act as stated in the criminal facts indicated in Article 2 subparag. 2 of the Act on the Control of Narcotics, Etc., or Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., or Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., the Defendant was aware that the flac traded MMA (the flac "exer") falling under Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc., and that D also becomes final and conclusive after having been convicted of the criminal facts of MMA. 16, 2016.

The prosecutor also has been indicted by applying Article 2(3)(b) of the Narcotics Control Act by reflecting this.