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(영문) 서울남부지방법원 2020.02.14 2019고합460
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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, other than a person handling narcotics, shall trade or smoke marijuana, and the defendant is not a person handling narcotics.

1. On November 17, 2018, the Defendant, at around 16:31, to purchase marijuana from the sales of the hemp plants on the name-free hemp that he/she came to know at the former website. The Defendant, who sent 0.06115 bct (Korean currency 389,954) to the cyber currency exchange C, to which the said person was informed, purchased marijuana over a total of 18 occasions from August 31, 2017 to November 17, 2018, including the purchase of marijuana using approximately 3g of the hidden hemp, while informing the said person of the fact.

2. At around 15:00 on August 17, 2019, the Defendant smoking, at the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, smoked marijuana in such a way that he/she took water from a paint and laid the hole bed back on the side, and he/she took a string hole on the entrance side of the Defendant, and dumped it in such a way that he/she takes a frying and inhales the smoke by cutting the flady with a flash, and

Summary of Evidence

1. Defendant's legal statement;

1. The details of replies to the E Exchange, the details of external withdrawals from the E Exchange Bitcoin, the C Exchange replies data, and the details of external withdrawals from the C Exchange noncocoin;

1. Each statement on narcotics (2019-H-19576);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 59 (1) 7, subparagraph 7 of Article 3 (hereafter referred to as "purchase of marijuana"), 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 labor) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes resulting from the purchase of marijuana No. 18 attached Table 18, the most severe punishment and punishment for concurrent crimes, among concurrent crimes, the penalty and punishment for concurrent crimes prescribed in the Act on the Control of Narcotics, etc.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution;

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