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(영문) 서울서부지방법원 2017.08.09 2017고합167
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

1. No person in charge of the trade of marijuana shall trade it;

A. On January 30, 2017, at around 00:42, the Defendant: (a) contacted the Defendant’s residence located in Seodaemun-gu Seoul Metropolitan Government, and decided to purchase for marijuana 1g 1g 182,000, and transferred KRW 182,000 to the said D to the non-tecoin account; and (b) traded it in a manner that would bring about about approximately 1g of marijuana near the G station located in Mapo-gu Seoul Metropolitan Government Fund to find out about 02:0 on the same day.

B. On February 2, 2017, the Defendant: (a) transferred KRW 540,00 to the said D’s non-coin account at around 03:00 on the same day; and (b) purchased and sold 3g of marijuana, which was hidden after the air conditioner outside the air conditioner room in Dongdaemun-gu Seoul, was installed; (c) around 03:00 on the same day.

2. No person in charge of smoking marijuana shall smoke it;

A. On January 30, 2017, at around 03:00, the Defendant: (a) deducted tobacco dust from the Defendant’s residence; (b) put it into approximately 1g of marijuana; and (c) smokeed in a way that smokes are cut off by attaching a fire.

B. On February 3, 2017, at around 04:00, the Defendant smokeed by inserting the paper A4 against the Defendant’s residence, inserting approximately 3g g of marijuana, and attaching a fire to them.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to J, D, or K;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 59 (1) 7, Article 3 subparagraph 7 (hereafter referred to as "sale of marijuana"), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 (a) of the Act on the Control of Narcotics, Etc. (hereafter referred to as "for each marijuana smoking and choice of each imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the preceding part of Article 38, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to the sale of marijuana on February 2, 2017.

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