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(영문) 서울북부지방법원 2018.06.22 2017고합566
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

No person shall trade marijuana.

On September 16, 2016, the Defendant: (a) decided to purchase marijuana from D through “C,” a deep web site of the Internet; (b) transferred 427,000 won to D; and (c) purchased and sold marijuana by collecting approximately 4ggs of marijuana, which D concealed in the entertainment behind the amusement machine in the vicinity of Gwangjin-gu Seoul Special Metropolitan City E-gu, and selling and buying it through the same method as shown in the list of crimes in attached Form, from around that time to October 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to D;

1. A protocol of seizure and a list of seizure;

1. One copy of the transaction details of the skin A non-coin;

1. Each investigation report [The details of D'C's advertisement that sold marijuana to the suspect (C's 15) and the confirmation of the suspect's purchase fund for marijuana (C's 21)] legal application

1. Article 59(1)7 and Article 3 subparag. 9 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016) on criminal facts

1. An aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [an aggravated punishment for concurrent crimes prescribed for the crimes of violation of the Act on the Control of Narcotics, etc., Caused by Purchase of Cannabis on October 9, 2016, with the largest penalty];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The basis for the calculation of an additional collection charge under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 2,171,000 won in total; - on September 16, 2016: The purchase of marijuana 427,00 won in the actual transaction - 329,000 won in the actual transaction - September 21, 2016 - the purchase of marijuana 322,000 won in the actual transaction on September 26, 2016 - 3gs in the actual transaction on October 3, 2016: the purchase of marijuana 330,000 won in the actual transaction on October 3, 2016; 436,000 won in the actual transaction on October 4, 2016; - the purchase of marijuana 37,00 won in the actual transaction on October 3, 2016;

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

1. The scope of punishment by law:

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