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(영문) 의정부지방법원고양지원 2020.12.22 2020고합267
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 trade or smoke marijuana.

1. The Defendant was willing to purchase marijuana through “B”, which is a sales brokerage and intermediary site for narcotics, established and operated on the Dak Web.

On December 29, 2017, the Defendant: (a) accessed the said site; (b) to purchase marijuana 10g from a seller on his name-free hemp; and (c) sent 0.090928BTC (Korea-style No. 1,736,545 won) to a seller’s address (C) the seller informed of the seller under his/her name; and (c) purchased marijuana in a way that the seller finds about 10g of marijuana, whose houses located in Gangnam-gu Seoul are concealed under the outside machine; and (d) thereafter, purchased marijuana in total nine times in total, approximately 3,901,231,231 won, including the total price of marijuana 23-27g, as indicated in the attached list of crimes.

2. Around September 2019, the Defendant smoked marijuana in such a way as to eliminate the smoke smoked colons of tobacco held in the area of Goyang-dong-dong-gu D and the Defendant’s residence of the third floor, and to inhale the smoke by inserting the marithic fluor of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A’s results of the inspection of simplified reagents, a statement on narcotics against urines (2019-H-2142), a statement on assessment of narcotics against meines (2019-H-21422), a report on internal investigation (Evidence Nos. 13), and a report on investigation (Evidence Nos. 2, 15, 18, 23);

1. Application of Acts and subordinate statutes to the E Exchange reply data, the E Exchange non-Coin analysis results of chiainalysis analysis, and the list (including set taxes) stating the details of outside return to the E Exchange;

1. Article 59(1)7 and Article 3 subparag. 7 of the former Narcotics Control Act (wholly amended by Act No. 15481, Mar. 13, 2018); Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act (wholly amended by Act No. 15481, Mar. 13, 2018); Article 59(1)7 of the Narcotics Control Act; Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc.;

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