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(영문) 서울중앙지방법원 2018.05.09 2018고합228
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 23 shall be confiscated.

The defendant 31,150.

Reasons

Punishment of the crime

1. On November 27, 2016, around 19:57, the Defendant purchased marijuana from the “C” website of the deep web, in order to purchase approximately 1g of marijuana from the seller D (ED: “ED”) of narcotics, etc., and remitted 0.1485637bct (Korean currency equivalent to approximately 1.50,000 won) to the former branch G. On November 27, 2016, around 23:00, the Defendant purchased marijuana in the way of “Korea-gu Seoul Seocho-gu parking lot” from the lower part of the outside part of the air-conditioner room.

To the extent that the prosecutor does not disadvantage the defendant's exercise of his/her right of defense, part of the facts charged by the prosecutor were corrected or revised according to the facts obtained through the examination of evidence.

From September 22, 2016 to November 25, 2017, the Defendant purchased approximately KRW 3,1150,000,00 from seven persons, such as D, etc. on the sale of narcotics, in total, about 46 times, as indicated in the list of crimes in the attached Form.

2. Smoking marijuana;

A. On September 22, 2016, from around 21:12 to around December 2, 2017, the Defendant smoked for marijuana 45 times in total, once a day by inserting approximately 0.3g of marijuana purchased at the Defendant’s residence, etc. in Gangnam-gu Seoul Special Metropolitan City I Loans 202, at the Defendant’s relocation, etc., and attaching a fire to the pipe of tobacco and attaching a smoke.

B. Around February 16, 2018, the Defendant smoked by the foregoing method, 0.3g, among marijuana purchased as indicated in [Attachment Table No. 46] No. 46, at the dwelling of the Seocho-gu Seoul High Court and the third floor Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. The gross list of seized articles, each protocol of seizure, each list of seized articles, and photographs of seized articles;

1. Each investigation report (a list of evidence Nos. 6, 32, 33, 34, 36, 38, 44, 47, 49);

1. Application of Acts and subordinate statutes to the details of the members of the No. 200, the details of non-coin entry into and withdrawal, the details of non-coin withdrawal, and the details of broom transaction;

1. Relevant legal provisions and the former Act on the Control of Narcotics, Etc. (Act No. 1402, Feb. 3, 2016) concerning criminal facts.

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