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(영문) 서울중앙지방법원 2017.07.07 2017고합59

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 13:06 on June 11, 2015, the Defendant: (a) decided to purchase marijuana approximately 2 g from a seller of narcotics, etc. through smartphone hosting app C; (b) decided to purchase the marijuana from a seller of narcotics, etc.; (c) transferred approximately 3.80,00 won to a seller of the narcotics, etc., using a broker office, who is a non-cocoin, to the address of the seller of the narcotics, to exchange the price for marijuana of about 1.6,00 won from the seller of the narcotics, etc., at around 17:00 on the same day, from the seller of the narcotics, to purchase the boxes containing approximately 2 g of marijuana as Kwikset services; and (d) purchased the boxes from the seller of the narcotics, etc., to the end of August 12, 2016, or to purchase them at least 3.6 g,000 won in total, as shown in Attached Table 1, 2016.

2. On March 2016, the Defendant smoked marijuana in collusion with H, etc. on a total of six occasions, i.e., a total of six occasions from the day of the following crime sight table (2) up to August 10, 2016, by inserting approximately 0.5g of marijuana, along with H, on a wooden pipe, at the Gtel rooftop, with H, and attaching a fire, and smoking in a way of smokeing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspects of the prosecution against H, I, J, and K;

1. Data reflecting the C dialogue;

1. A written appraisal of minor narcotics;

1. Data on the details of transactions of E non-coin;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 59 (1) 7, Article 3 subparag. 7 (the point of purchase of marijuana), Article 59 (3), Article 59 (1) 7, and Article 3 subparag. 7 (the point of attempted purchase of marijuana) of the Narcotics Control Act, Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 (the point of smoking marijuana and the choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.