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(영문) 서울중앙지방법원 2017.07.13 2017고합459
마약류관리에관한법률위반(대마)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to six months of imprisonment and two years of suspended execution for a crime of violation of the Narcotics Control Act at the Seoul Central District Court on June 16, 2016, and the said judgment became final and conclusive on June 24, 2016 and is still under suspended execution.

[Criminal facts]

1. Defendant A

A. From October 18, 2016, the recipient of marijuana and the Defendant of smoking, around 02:00 on October 18, 2016, at around 02:00, he received about 10 grams from G free of charge from a numberless scenz car parked in the vicinity of the F coffee shop in Gangnam-gu Seoul, Gangnam-gu.

Then, around 03:00 on the same day, the Defendant made an apparatus that enables the Defendant to smoke marijuana with water contained in plastics in the residence of Gangnam-gu Seoul Metropolitan Government H building No. 301, and dices it by attaching approximately two grams among marijuana received as above and attaching a fire.

Accordingly, the defendant received and smoked marijuana even though he is not a narcotics handler.

B. On April 6, 2017, the Defendant traded marijuana: (a) around 03:50 on April 6, 2017; (b) around 03:50 on the following: (c) around the residence of Party B located in Gangnam-gu Seoul Metropolitan Government I 503; and (d) around 500,000 won was transferred from B to B’s bank account in the name of the Defendant.

Accordingly, the Defendant traded marijuana.

2. Defendant B

A. On October 18, 2016, the Defendant smoked marijuana: (a) around 03:00 on October 18, 2016, the Defendant dices alcohol at the Defendant’s residence indicated in paragraph (a) around 1, 2016, with approximately two grams of marijuana, which were made by putting water into plastic bottles on the Defendant’s residence; and (b) dices smoke by attaching fire to it.

Accordingly, the Defendant smoked marijuana.

B. On April 6, 2017, the Defendant, at around 03:50 on April 6, 201, remitted KRW 500,000 to an enterprise bank account under the name of A from around 03:50 on April 6, 2017, from the Defendant’s residence to the bank account under the name of A, and in return, received approximately 3g of marijuana from A in return, and drank approximately 0.5g of marijuana purchased as above by inserting it into the paper of tobacco and making a smoke by attaching a smoke.

Accordingly, the defendant trades marijuana.

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