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Reasons
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(영문) 수원지방법원 2016.06.17 2016고합221
마약류관리에관한법률위반(마약)등
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of five 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 treated the cocar (Cocaine), MDMA (one name, EXC, hereinafter “EXP”) and marijuana as follows.

1. On November 2015, the Defendant 22:00, mid- to mid-22:00 in the middle-term, Seoul, Gangnam-gu, and the Defendant 501, administered X-gu medication by means of putting them into the 1st of X-gu at the residence of the Defendant in Seoul, and 501.

2. On December 2, 2015, the Defendant, who was a croccar, administered a medication in the manner of inhaleing croccos at the same place as paragraph (1) of this Article, on December 12, 2015.

3. On January 2016, 2016, the Defendant administered EXP medication in such a way as to put the EXP into the 1stm of the EXP in the place as prescribed in paragraph (1) of this Article on January 1, 2016.

4. From January 1, 2016 to around 19:00 to around 20:00, the Defendant sold cocars, X posters, and marijuana to F for about KRW 5.40,00,00, in the case of the Gangnam-gu apartment building, the ccar-type three-time medication, X posters, 2-time smoking, and 2-time smoking in marijuana.

5. On April 12, 2016, the Defendant smoked marijuana: (a) around April 12, 2016, at the Defendant’s residence, including paragraph (1) of around 22:00, after deducting the smoke from the smoke in one cigarette on the roof of the Defendant’s residence; and (b) putting the smoke in one smoking cigarette at the same place; and (c) putting the smoke into the smoke by a smokeing method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Investigation report (to attach academic information related to cocars);

1. Scientific information, such as abuse and side effects of coaches;

1. Notification of each appraisal result;

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter “former Act on the Control of Narcotics, Etc.”) concerning criminal facts, and the former narcotics, etc.

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