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(영문) 서울중앙지방법원 2018.05.10 2018고합270
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal history] On September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (marijuana) at the Seoul High Court on September 7, 2017, and on September 15, 2017, and the judgment was finalized on September 15, 2017.

[Criminal facts]

1. Around 02:45 on January 2, 2017, the Defendant: (a) purchased marijuana from G [F] to purchase approximately 7g of marijuana from G [F]; (b) transferred approximately 1 million Korean currency to G, and (c) purchased marijuana at around 04:00 on the same day by finding approximately 7g of marijuana concealed in a place where it is unknown in Seocho-gu Seoul Metropolitan Government, at least 04:00 on the same day.

In addition, from August 31, 2016 to April 24, 2017, the Defendant purchased approximately KRW 105 g 1,5850,00,000 from the F hemp sales books, where the name including G cannot be known, as seen above, through which the Defendant purchased approximately KRW 105 g 1,5850,00,00 in total, as in the list of crimes in attached Form 25 times.

2. On April 24, 2017, the Defendant smoked marijuana by inserting approximately 1g of marijuana after removing the tobacco smoke from his/her residence at the latest night-si I and 403, and then inserting it in a manner of inhaleing the smoke with a fire attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Each [Transcript] suspect examination protocol concerning G;

1. Data on the response to the exchange in the J non-Coin and details of transactions in the non-coin;

1. Each investigation report (specific on the confirmation of the distribution of smartphones related to the transaction of narcotics, and on the purchase of marijuana);

1. A protocol of seizure and a list of seizure;

1. Previous offense: Application of the text of the Seoul Central District Court (2017 Gohap 234), the text of the Seoul High Court (2017 Gohap 234), and the Seoul High Court Act (2017 No 1418)

1. Article 59(1)7 of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Article 3 Subparag. 9 (1) 7 of the Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Nov. 3, 2016); Article 59(1)7 of the Act on the Control of Narcotics, Etc.; Article 3 Subparag. 7 of the Act on the Control of Narcotics, Etc. (the purchase of marijuana after November 3, 2016); and Article 3 Subparag. 7 of the Act on the Control of Narcotics, Etc.

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