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(영문) 서울중앙지방법원 2018.04.12 2018고합226
마약류관리에관한법률위반(대마)
Text

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

1. On December 31, 2016, at around 23:28, the Defendant: (a) purchased marijuana approximately 13g from E (ID) from the deep web “D” (ID); (b) transferred 1.50,000 won at the market price to E’s electronic wallets; and (c) purchased marijuana in a way that, around 02:00 on January 1, 2017, a house near the G station in the area of Sungnam-si, Sungnam-si, by finding approximately 13g of marijuana from the backline of the building.

2. Smoking marijuana;

A. On January 2, 2017, the Defendant: (a) removed the smoke of ordinary tobacco from the Defendant’s residence, Nam-gu H 305, Nam-gu, Sinpo-si, and then smoked by inserting approximately 0.5g of marijuana and attaching it with a Rab, thereby drinking it.

B. On December 2, 2017, around 23:00, the Defendant smoked approximately 0.5g of hemp in the said manner at the Defendant’s dwelling at the Defendant’s dwelling at the above I, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. A written appraisal of each drug;

1. Application of sales books E non-coin transaction details, A broom brooms transaction details, and Acts and subordinate statutes;

1. Article 59 (1) 7 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the point of purchase of marijuana) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of smoking marijuana and the selection of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of the amount additionally collected: 1,550,000 won for marijuana sales);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law:

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