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(영문) 서울서부지방법원 2016.08.11 2016고합73
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Gohap 73] The Defendant is not a person dealing with narcotics, and thus shall not sell, smoke or possess marijuana.

1. Sale, purchase and attempted sale of marijuana;

A. On November 2015, 2015, the Defendant: (a) around F convenience points near the E University located in Eunpyeong-gu Seoul at around 00:30, around the early December 12, 2015, purchased and sold marijuana with a total of KRW 3.5 million paid to a person whose name cannot be known as a person whose name was connected through Internet-based, “G”, and with a total of about 40g of marijuana in vinyl bromos.

B. On January 2016, the Defendant sold off the bus stops near E University located in Eunpyeong-gu Seoul at around 00:30, the Defendant posted on the Internet site “H”.

“The name of the 30 major male who reported and contacted the Defendant’s advertisement was unable to know the name of the 30 major male group, and the 30g amount of the 30g amount in possession of the 300,000,000 won was traded by the Defendant’s trade of marijuana.

(c)

On January 1, 2016, at around 01:00, the Defendant traded marijuana, after paying KRW 100,000 to a person whose name was not known as a person who was connected through Internet-type display “G” at a place, such as the foregoing paragraph (b).

(d)

At around 01:00 on February 2, 2016, the Defendant: (a) paid KRW 200,000 to a person whose name was not known as a person who was connected to the hemp seller via “G”, at the same place as the above B; and (b) purchased and sold the hemp and the sea of the hemp resin containing approximately 70g of marijuana in plastic bags, and approximately 10g of marijuana resin in its original form (i.e., at the time of sea; hereinafter referred to as “the time of sea”).

E. On February 2, 2016, the Defendant, at the same place as the above-mentioned B, around 00:30, and at H, posted on the website.

“The price for 30 grams in possession of a male who has reported and contacted the Defendant’s advertisement, for whom the name of 30 middle group of people cannot be known, shall be the 30 grams.

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