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(영문) 서울중앙지방법원 2018.05.24 2018고합237
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant, who purchased marijuana, was unable to know the name of the Defendant (hereinafter “D”), was willing to purchase marijuana through E, which is a deep web site opened and operated by a person who is not aware of the name of the Defendant (hereinafter “D”).

On August 23, 2017, the Defendant: (a) visited the said E site by a computer at the place of residence located in Busan High-gu, Busan High-gu, Busan, and 803; (b) decided to purchase 3gs of marijuana sales posted by the seller G (EAH) of marijuana; and (c) sent approximately KRW 0.05BC to the said D as the price for the purchase of 3gs of marijuana; and (d) on August 24, 2017, the Defendant purchased 3gs of marijuana concealed by G in the vicinity of Busan High-gu, Busan High-gu, Busan High-si; and (e) purchased 27gs of the said G in total or 97gs of the price for the purchase of 3gs of marijuana from the first to November 2017 to the 277gs of the said G in the manner described in the list of crimes, including the purchase of 3gs of marijuana.

2. On February 20, 2018, the Defendant smoked in a way that, at the toilets located in the preceding port on February 20, 2018, approximately 0.12g of marijuana 0.12g on the drinking water of plastic materials, and smoked as soon as the smoke emitted with fire attached.

3. On February 21, 2018, at the place of residence indicated in paragraph 1, around 23:15, the Defendant: (a) kept approximately 1.06g of marijuana in the toilet for smoking; and (b) held a total of 1.78g of marijuana in the room by inserting approximately 1.06g of marijuana in the toilet for smoking; and (c) holding it in the room a total of 1.78g of marijuana in the manner of keeping it in the vinyl brocon bom.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement by the witness J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor in relation to K and G;

1. Seizure records;

1. A certificate of simple inspection of reagents;

1. A written appraisal;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 5, 10, 14, 15 of the evidence list);

1. Article 59(1)7 and Article 3 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.

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