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(영문) 서울북부지방법원 2020.03.27 2020고합30

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

No person, other than a person handling narcotics, shall trade or smoke marijuana, and the defendant is not a person handling narcotics.

1. On May 13, 2019, the Defendant, through the Internet, sent 0.0423 bitcos ( approximately 359,499 won) to the sales of marijuana on the Dac Web, the Internet virtual currency exchange (hereinafter “B”). On May 13, 2019, the Defendant: (a) sent 0.0423 bitcos ( approximately 359,49 won) to the sales of marijuana on the Dac Web, and (b) purchased marijuana in a way that would bring about 3g of the hidden marijuana at the place known to the above winners of the name; and (c) purchased approximately 161g of the hemp, as indicated in the attached list of crimes, 29 times in total.

2. At around September 29, 2019, the Defendant smoked marijuana in a tobacco held in a vehicle located near the factory of Gangwon-gun, Gangwon-gun, after deducting coloned leaves of tobacco in which he was located, and then inserting the maribage of marijuana purchased in the said vehicle, and then inhales it by attaching a fire to it.

Summary of Evidence

1. Defendant's legal statement;

1. In the report of internal investigation [personal information pursuant to the execution of a warrant of search and seizure (2019-244)], B exchange response materials, and tables (including the market price) specifying the details of external withdrawals, which are B exchange bitcoin, the evidence records (including the market price), unlike the name of evidence in the evidence list, are written as “E Exchange” but they seem to be written in error.

1. A criminal investigation report (the result of a suspect A's written appraisal), a report on narcotics against urines (2019-H-22485), and a written arctal appraisal report;

1. Investigation reports (related to the marijuana quantity purchased by a suspect), and the application of Acts and subordinate statutes concerning the calculation of additional collection charges;

1. Article 59 (1) 7, subparagraph 7 of Article 3 (the point of trade in marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.