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(영문) 서울중앙지방법원 2017.09.01 2017고합525 (1)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled MDMA (the so-called “EXP”; hereinafter referred to as “EXP”) and marijuana, which is a local mental medicine, as follows:

1. Trade in marijuana;

A. On August 22, 2016, around 01:25, the Defendant transferred KRW 200,000 to a new bank account in the name of F from the street in front of the F’s residence in Gangnam-gu Seoul, Seoul, and received approximately 1g of marijuana, which is contained in vinyl, from F, and purchased it.

B. On October 21, 2016, at around 20:00, the Defendant purchased 300,000 won in cash from F at the places indicated in the above paragraph 1-A, and purchased 27,000,000,000 won in plastic packaging from F.

2. Smoking marijuana;

A. At around 02:00 on August 22, 2016, the Defendant, at the time of the Defendant’s residence, smoked marijuana by inserting marijuana from the toilets located in Gangnam-gu, Seoul, G apartment 101-dong 3002, which was the Defendant’s residence, in a way that strings the smoke by putting it into marijuana, and attaching the string to the string.

B. On October 22, 2016, at around 05:00, the Defendant smoked marijuana in the same manner as the description 2-A of the above paragraph at the place indicated in the above paragraph 2-A.

3. On October 28, 2016, the Defendant purchased 80,000 won in cash from F at the place indicated in paragraph (a) around October 18, 2016 and 5 hours from X-si.

4. Around October 29, 2016, the Defendant administered an X-type medication by inserting a 1 set of the X-type map at around 22:00, and 3:00 on the water at the place indicated in the paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Results of simplified test of reagents (number 10 in the list of evidence), and a statement of narcotics appraisal (number 26 in the list of evidence);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Articles 59(1)7 and 3 subparag. 9 (a) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016); Articles 61(1)4(a) and 3 of the Act on the Control of Narcotics, Etc.

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