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(영문) 서울동부지방법원 2018.01.26 2017고합365
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person shall trade or smoke marijuana.

1. On November 29, 2016, around 02:05, the Defendant: (a) visited the Internet deep web “D” website and intended to purchase marijuana from the hemp seller E (IDF). On the same day, the Defendant purchased marijuana in a manner that the seller receives approximately five grams from the air-conditioning room installed outside the air-conditioning room in Songpa-gu Seoul Special Metropolitan City I market to receive approximately 6.7451 bitco, equivalent to the amount of KRW 6.551,00,00, from “G”, the exchange in the bitco, to the address (H) known by the above E; and (b) around 04:00 on the same day, the Defendant purchased marijuana in a manner that the seller purchases approximately five grams from the bottom of the air-conditioning terminal installed in the off of Songpa-gu I market.

In addition, from that to March 5, 2017, the Defendant remitted the total amount of 2,850,000 won to the hemp seller and purchased 25g of the hemp total amount from that time to that of March 5, 2017.

2. Smoking marijuana;

A. On March 6, 2017, the Defendant smoked in the way of smoking by inserting the mariage of marijuana in the pipe of tobacco, from 346 dong 801, Songpa-gu Seoul, Seoul, a new wall light around March 6, 2017.

B. On June 15, 2017, the Defendant: (a) taken out tobacco containing marijuana from the above Italian person’s residence in the name of the franc franc franc franc, around the new wall around 15, 2017; and (b) smoked by smoking it.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Details of remittance, response to requests for cooperation in investigations;

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

1. Each response to a request for appraisal;

1. Application of investigation reports (a copy of case records of sales books E and details of multi-t transaction) Acts and subordinate statutes;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 subparagraph 7 of the Act on the Management of Narcotics, etc., and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (each point of the marijuana smoking and each choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code [the preceding part of Article 38, Article 50 of the Criminal Code shall be the highest punishment.

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