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(영문) 서울서부지방법원 2021.03.25 2021고합9
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant was not a handler of narcotics, etc. who can handle marijuana, the Defendant traded or smokeed marijuana as follows:

1. On August 7, 2019, the Defendant: (a) requested the Dan Web seller (hereinafter referred to as “the Account EdiC”) to purchase marijuana at the site of the Dan Web, which is a store selling marijuana; and (b) sent 0.052 bit bitco (Korean Won 704,340 won) to the address of the bitcoin designated by the said seller through the relevant seller through the remittance agency; and (c) on the same day, the Defendant purchased approximately 10 grams in the vicinity of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the place designated by the said seller at the night, using approximately 10 grams and purchased it from around May 26, 2020.

2. On August 7, 2019, the Defendant smoked marijuana over 12 occasions as shown in Appendix II between July 13, 2020 and around July 13, 2020, from among marijuana purchased as at No. 1’s 1’s tobacco per annum in the crimes shown in Appendix I, which was purchased on the alleyway of Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. The written appraisal of narcotics, and the written appraisal of narcotics, which are written by the accused in court;

1. Application of Acts and subordinate statutes to the investigation report (the details of remittance of suspect financial accounts and Kakao Pao Paco), investigation report (the details of remittance of suspect non-cacoin), investigation report (a copy of the EXP document related to the sale of narcotics stored in a suspect’s computer), investigation report (the copy of search and seizure warrant reply - search report - copy of search and inspection warrant - copy of search data), investigation report (Attachment of judgment by a marijuana seller), each account transaction report, details of remittance, and

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 Subparag. 7 of the Act on the Management of Narcotics, etc., for the Prevention of Criminal Crimes, and Article 61 (1) 4 (a) of the Act on the Control of Narcotics, etc., and Article 61 (1) 4 of the same Act;

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