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(영문) 인천지방법원 2020.08.25 2019고합964

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

Even if the Defendant is not a person handling narcotics, the Defendant had the intention to purchase and smoke marijuana through the multi-web “B” website.

1. At around 19:00 on January 5, 2019, the Defendant sent PCs located in the Nam-dong, Incheon, Nam-gu, Incheon, to 0.102982BC ( approximately KRW 442,720) from the electronic sheet of virtual currency (C) known to the seller of marijuana in his/her name and purchased the mariage from February 6, 2018 to January 5, 2019, and purchased the mariages by transmitting 7.647185BC ( approximately KRW 54,570,041) over 89 times in total, as indicated in the list of crimes in the attached list of crimes.

2. Around August 15, 2019, the Defendant: (a) around 23:00, smoked in the Vietnam-dong-gu Incheon, the Defendant: (b) made a pipe for smoking using a gambling place; (c) made the pipe for smoking on the part of the Defendant; and (d) made the pipe for smoking; and (c) made the pipe for smoking on the part of the Defendant; and (d) made a smoke generated after putting the pipe for smoking on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and list of seizure records of the suspect examination by the prosecution against the accused;

1. Application of Acts and subordinate statutes to a criminal investigation report (additional imposition) shall include the data on G Exchange replies, the details of transactions in Bitcoin of the G Exchange, and the list (including City taxes), the details of external withdrawals of the suspect Aitcoin;

1. The point of trade of marijuana in relation to the relevant criminal facts and of the choice of punishment: The point of trade of marijuana under Article 59 (1) 7 and subparagraph 7 of Article 3 of the Narcotics Control Act: Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics Control Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (limited to concurrent crimes resulting from the trade in marijuana, which are the largest punishment and concurrent crimes resulting from the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the trade in marijuana);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under the Criminal Act;