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(영문) 서울북부지방법원 2020.11.13 2020고합286

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

No person shall purchase, smoke, etc. marijuana.

1. Purchase and smoking of marijuana around October 2019;

A. On October 2019, the Defendant reported the sales text of marijuana, which was listed on the Internet portal site “B”, and decided to purchase about 1g of marijuana from the seller of the hemp in his name via the SNS “SNS Megs”. The Defendant converted KRW 200,000 in cash to the virtual currency through a bitco agency, which was the price for the conversion into the virtual currency, made it possible for the Defendant to transmit approximately 1g of marijuana, which was the bitco-in of the above boxes in his name. At that time, the Defendant purchased approximately 1g of marijuana, which was hidden in advance, in the non-registered housing measuring machine located in Gangnam-gu Seoul Metropolitan Government.

B. Around October 2019, the Defendant: (a) around October 201, the Defendant, along with C, who was a seat in the mutual influorial telecom in Seoul Breadong; (b) placed the marithic fluor of the purchased marijuana in front of the closting day, which was marked off, such as a cigarette, and smoked marijuana in collusion with C in a manner that repulmones the smoke by spreading it.

2. Purchase, smoking, etc. of marijuana around March 6, 2020;

A. Although the bill of indictment for the purchase and acceptance of marijuana is “use”, “use” refers to an act of consuming narcotics in accordance with its usage, such as injecting, drinking and inhaleing narcotics, and thus, it is reasonable to deem the act of delivering narcotics without direct consideration constitutes “taking or receiving.” The “use” and “receiving or receiving” are activities listed in the same penal provision and are recognized differently without any changes in indictment, and thus, the act of receiving or receiving narcotics is recognized as “receiving or receiving.”

The defendant around March 6, 2020 No. 1-A.

항 기재와 같은 방법으로 현금 384,000원을 비트코인 대행소를 통해 가상화폐로 전환한 후 위 성명불상자의 비트코인 지갑에 전송되도록 하고, 그 무렵 서울 서초구 뱅뱅사거리 근처 불상의 주택 수도계량기에 성명불상자가 미리 숨겨둔 대마 약 2그램을 가져가 이를 매수하고,...