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(영문) 서울중앙지방법원 2017.07.14 2017고합454
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment with prison labor 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

Despite the fact that the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. Trade in, and receipt and delivery of marijuana;

A. On September 8, 2016, around 18:30 on September 8, 2016, the Defendant purchased KRW 2g of marijuana from E in cash for KRW 300,000,000,000 from E, parked on the DM X5 street street in Gangnam-gu Seoul Metropolitan Government.

B. On October 12, 2016, around 08:50, the Defendant issued 2g of marijuana from E within the 2MW X5 vehicles parked on the front of the Gangnam-gu Seoul Metropolitan Government F, and purchased 300,000 won in cash from E at “H” entertainment establishments located in Gangnam-gu Seoul, at around 04:30,000, around October 13, 2016.

(c)

around 04:00 on October 15, 2016, the Defendant agreed to purchase 2g of marijuana from E in cash at the above “H” parking lot, and received 2g of marijuana from E without paying the price.

2. Smoking marijuana;

A. On September 8, 2016, at around 19:00, the Defendant smoked by inserting marijuana in the place where the tobacco smoke was deducted from the Defendant’s residence of Gangnam-gu Seoul Metropolitan Government FB03, and attaching it as soon as possible. On September 10, 2016, the Defendant smoked marijuana in the same manner in the same place as at around 09:00.

B. On October 12, 2016, around 09:00, and around October 14, 2016, around 09:00, the Defendant smoked marijuana on two occasions in the above Defendant’s residence, respectively, in the same manner as above.

(c)

On October 15, 2016, around 09:00 and October 31, 2016, at around 22:00, the Defendant smoked marijuana, respectively, twice in the above-mentioned manner, at the above-mentioned Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. E and I-type photographs;

1. Application of Acts and subordinate statutes to the investigation report and response to requests for appraisal, narcotics appraisal report, response to requests for appraisal, and narcotics appraisal report;

1. Article 1 Subparag. 1 of the Addenda to the relevant Act on the Control of Narcotics, etc. (Act No. 14019, Feb. 3, 2016) and the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016) concerning criminal facts.

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