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(영문) 서울서부지방법원 2017.09.13 2017고합185
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2017: (a) around 22:49, the Defendant traded marijuana buildings in Mapo-gu Seoul Metropolitan Government; (b) No. 3108; and (c) no person sells or sells marijuana, he/she transferred KRW 7,10,000 to the names of the victims of the name, such as E, using the bitcoin account; and (d) on February 3, 2017, on February 3, 2017, the Defendant purchased or sold it by means of bringing about approximately 2 g of marijuana, which is contained by the persons in the name of the victim of the name, in a short line of general housing in Dongdaemun

2. On February 6, 2017, the Defendant: (a) around G located in Mapo-gu in Seoul, Seoul; (b) around 04:00, no one smokes marijuana; (c) however, he/she put about approximately 0.3g of marijuana in a tobacco dog, with the following fire attached thereto, and smoked in a smoke manner.

3. On February 23, 2017, the Defendant: (a) around G located in Mapo-gu, Seoul; (b) around 04:00, no one smokes marijuana; (c) however, the Defendant smoked in a tobacco dog by inserting approximately 0.3g of marijuana in a way that smokes by attaching the following fire:

4. Despite the fact that the Defendant is not a narcotics handler, around March 13, 2017, in the parking lot of the above D-D building, the Defendant possessed it by inserting approximately 1.4g of marijuana in the middle line of HMW car parked therein.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to I, E, and J;

1. A statement on narcotics appraisal;

1. A reply;

1. Application of photographic Acts and subordinate statutes attached to the investigation report (Evidence No. 10);

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 59 (1) 7 and 3 subparag. 7 (the point of the trade of marijuana) concerning the facts constituting an offense, and Articles 61 (1) 6 and 4 (1) 2 (the hemp) of the Narcotics Control Act;

In possession, imprisonment, selection of punishment) and Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of each marijuana smoking and the choice of imprisonment, respectively)

1. Article 37 (former part of Article 37 and Article 38 (1) 2 of the Criminal Code [Article 38 (1) of the Act on the Aggravation of Concurrent Crimes].

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