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(영문) 서울남부지방법원 2017.01.26 2016고합542

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

1,0850,000 won shall be additionally collected from the defendant.

The above additional collection shall be made to the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Sale of drugs with a psychotropic spirit;

A. On June 3, 2015, the Defendant received 3.9 million won from the purchase price of this (MMA, one name “Ecstst (Ecststst)”; hereinafter “EXM”) to E, which is a local mental medicine, from the Defendant around June 3, 2015, and around that time, sold 30,000 won to E in a vehicle parked on the street by Jongno-gu Seoul Metropolitan Government F Housing.

B. Around January 6, 2016, the Defendant received KRW 3.9 million from E to E with the purchase price for X posters, and on the following day, sold E with 30,000 won in a vehicle parked in front of his hotel located in Gangnam-gu Seoul Metropolitan Government G at H H in Gangnam-gu.

2. Around December 18, 2015, the Defendant: (a) received the transfer of KRW 3 million from the Defendant’s residence of Gangnam-gu Seoul Metropolitan Government I apartment house 202, 1704 to E in the purchase price of the hemp plant; and (b) sold approximately 20g of hemp to E in the said place.

3. On September 12, 2016, the Defendant smoked marijuana in a pipe made of the hemp plant 0.2g in the dwelling of the Defendant as indicated in paragraph (2) by inserting it into the pipe made of the hemp plant 0.2g, with a fire attached, and then smoking in such a manner as to inhale the smoke by burning it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each prosecutor to E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60(1)2, Article 4(1)1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act (hereinafter “the Act”), and Article 59(1)7, Article 3 subparag. 9 (a) and Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (referring to the sale of marijuana with the largest punishment) of the Criminal Act aggravated concurrent crimes;