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(영문) 서울중앙지방법원 2017.07.27 2017고합594 (1)
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three 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 handled ls and marijuana, which is a local mental medicine, as follows:

1. On December 2016, the Defendant: (a) promised to trade narcotics sellers E (MID “N”) and smartphonephone SNS Ma; (b) purchased, around December 6, 2016, in the vicinity of the “P” hotel located in Gangnam-gu Seoul O, lsD 1 and approximately 2g of marijuana 4.60,00 won in cash, from E in the vicinity of the “P” hotel located in Gangnam-gu Seoul O.

2. Smoking marijuana;

가. 피고인은 A과 함께 2016. 12. 7. 01:00 경 ‘ 서울 광진구 D, 701호’ 피고인의 주거지에서 ‘ 팰 리 아 멘트’ 담배 2 개비의 연초를 빼고 대마 약 0.5g 씩 을 채워 넣어 대마 담배를 만든 후 라이터로 불을 붙여 각각 대마 담배 1 개비씩 나눠 피웠다.

B. On December 7, 2016, at around 21:00 on December 7, 2016, the Defendant, along with A, made the marijuana tobacco at the same place as above, and made it difficult for the Defendant to divide it into one.

Accordingly, the defendant smoked marith in common with A twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols concerning the examination of suspects A by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Each protocol of seizure and the list of seizure;

1. Application of A’s response to a reply to a request for appraisal on the part of the Defendant (2017-H-178), Defendant’s defense, and response to a reply to a request for appraisal on the part of the Defendant (2016-H-21297) to the Defendant’s defense;

1. Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) (SD purchase point), Article 59(1)7, and Article 3 subparag. 7 (the point of purchase of marijuana) of the Narcotics Control Act concerning criminal facts; Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act; Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 (Violation of the Narcotics Control Act) of the Commercial Concurrent Crimes Act and the purchase of marijuana.

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