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(영문) 서울중앙지방법원 2018.09.19 2018고합742
마약류관리에관한법률위반(향정)등
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated MDMA (hereinafter referred to as “EXP”) and marijuana as follows.

1. Around January 1, 2018, the Defendant administered an X-type medication in the “D” located in Gangnam-gu Seoul Metropolitan Government at “D” around the new wall around January 1, 2018, by inserting the X-type 1 in a manner of drinking the X-type.

2. On January 2018, the Defendant purchased approximately KRW 2g of marijuana from F in cash at the domicile of the Seocho-gu Seoul E building and the F located in 201.

3. Smoking marijuana;

A. On January 1, 2018, the Defendant: (a) around the beginning of the first half of the year; (b) placed a fluoral marijuana in pipes at G apartment in Gangnam-gu Seoul and at H’s residence in 1102; (c) placed the fluoral marijuana in pipes; and (d) smoked the hemp jointly with H and H.

B. On March 1, 2018, the Defendant: (a) removed all tobacco first from the Defendant’s residence at the Seoul Special Metropolitan City, Gwanak-gu I building and the Defendant’s residence; and (b) smoked marijuana by inserting a large amount of marijuana, and attaching it to it.

(c)

On March 7, 2018, the Defendant smoked marijuana in the above manner at the Defendant’s residence at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and H;

1. Each letter of appraisal of narcotics (the sequence 21, 22, 23 of the evidence list);

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 31);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 59 (1) 7, Article 3 subparagraph 7 (a) of the Narcotics Control Act, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act, Article 30 (1) 4 of the Criminal Act, Article 61 (1) 4 of the Narcotics Control Act, Article 30 (a) of the Criminal Act, Article 61 (1) 4 and Article 61 (1) 4 of the same Act, Article 61 (1) 4 of the same Act, Article 61 (1) 4 of the Narcotics Control Act, Article 61 (1) 4 of the same Act.

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