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(영문) 서울서부지방법원 2018.02.14 2017고합393
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

Defendant is not a narcotics handler.

1. Around 01:00 on July 1, 2017, the Defendant purchased and traded marijuana in cash, from black persons in the name and influence of the upper lines of the hemp supply books, the Defendant purchased and sold marijuana in the form of KRW 100,000,000, from among the alley routes near Yongsan-gu Seoul Metropolitan Government.

2. Smoking marijuana;

A. On July 2, 2017, at around 02:00, the Defendant smoked marijuana in a park near the domicile of the Gwanak-gu Seoul Special Metropolitan City E, in which one cigarette has been cut out, and in which one cigarette has been cut out, and then, as purchased, as described in the above paragraph (1), in a way that the fluencies of the marijuana purchased are less than the end, and as soon as possible with the fluence attached thereto.

B. On July 11, 2017, at around 02:00, the Defendant smoked marijuana in a park near the domicile of the Gwanak-gu Seoul Special Metropolitan City E, in which one cigarette was taken out, and in which one cigarette was taken out, and then, as purchased as above, the mari was less influencies from among marijuana purchased as described in the foregoing paragraph 1, and as soon as possible with the end attached it.

(c)

On July 21, 2017, at around 02:00, the Defendant: (a) put in the Gelto 305 located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) put in a tobacco pipe any of the marijuana purchased as described in the foregoing paragraph (1); and (c) put in the end any of the marijuana purchased; and (d) put in

H, I, and I smoked marijuana in such a way as to avoid return.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H and I;

1. A letter of appraisal of narcotics attached to a investigation report (in response to a request for an appraisal);

1. Application of Acts and subordinate statutes to each investigation report (the result of precise appraisal of a river);

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 the trade 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 choice of each imprisonment: Provided, That Article 30 of the Criminal Act shall be added to the crime committed on July 21, 2017 as indicated in the judgment);

1. The punishment provided for in the former part of Article 37 and Article 38 (1) 2 of the Criminal Act [the punishment shall be the same as the punishment provided for in the Act on the Control of Narcotics, etc. due to the Sale and Purchase of marijus in the holding of the largest sentence];

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