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(영문) 울산지방법원 2018.06.22 2018고합100
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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. Purchasing marijuana;

A. On July 5, 2017, around 15:16, the Defendant transferred approximately KRW 0.3306 Bitcoin ( KRW 1 million) to C, and then purchased marijuana in a way that he/she has approximately 5g of marijuana, which was placed in a multi-household housing unit located in Jung-gu Seoul Metropolitan Government D, around 18:30 on the same day.

B. On July 10, 2017, around 13:09, the Defendant transferred approximately KRW 0.1687 bitcoin ( approximately KRW 500,000) to C. On the same day, the Defendant purchased marijuana in a way that he/she purchased approximately 3g of marijuana, which was placed in a multi-household multi-household located after G elementary school located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu in the same day.

2. Smoking marijuana;

A. On July 10, 2017, the Defendant was parked in the H apartment parking lot in Ulsan-gu, Ulsan-gu around 23:00

I SM7 Motor Vehicles Ha put about approximately 1g of marijuana in the car and put a fire into it, and smoked in a way of drinking the smoke generated.

B. On August 6, 2017, around 20:00, the Defendant smoked approximately 1g of marijuana at the front park of the above apartment.

(c)

On September 17, 2017, the Defendant smoked approximately 0.5g of marijuana at the place of the preceding port of around 20:00, in the same manner as above.

(d)

around 23:00 on October 4, 2017, the Defendant smoked approximately 0.5g of marijuana at the place of port of port.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes to notify the details of transactions in bit coaches, each investigation report, and each legal evaluation result;

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 subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc., (the point of smoking marijuana and the selection of imprisonment with prison labor) concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed by the Act on the Control of Narcotics, Etc. on or around July 5, 2017, with the largest penalty];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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