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(영문) 서울중앙지방법원 2019.11.27 2019고합512
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the marijuana as follows:

1. On June 3, 2019, the Defendant: (a) purchased marijuana from a person who was aware of via the Internet; (b) purchased marijuana in a way that he/she finds approximately 6g of marijuana concealed by the person who was unaware of his/her name, and transferred it to a bitco account known to the said person by the said person; and (c) purchased marijuana in a way that the Seoul Seocho-gu Seoul Metropolitan Government (hereinafter referred to as Seoul Seocho-gu) purchased it by finding approximately 300,000 won of the Korean bitcoin account, which was known to the said person; and (d) purchased it.

2. On May 28, 2019, the Defendant smoked marijuana by inserting the marith in pipes by inserting the marith of marijuana into the pipe at the schip of the United States (hereinafter referred to as the “marithm”).

3. Around 18:30 on June 4, 2019, the Defendant, who was parked in the vicinity of the Seocho-gu Seoul Metropolitan Government B building, carried marijuana by storing approximately 6g of marijuana contained in the vinyl bus in CK5 car, operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure and list of seizure (Evidence Nos. 23);

1. A narcotics appraisal report (Training of marijuana for seized articles), an appraisal report (No. 59 of the evidence list);

1. Investigation report (emergency seizure at the scene of emergency arrest, etc.) and investigation report (measurement of the quantity of seized narcotics);

1. Application of the Acts and subordinate statutes to photographs of seizure site, photographs of seized articles, quantity measurement pictures and photographs;

1. Article 59 (1) 7, Article 3 subparag. 7, Article 61 (1) 4 (a) and Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) (a) of the Narcotics Control Act (the point of smoking marijuana and the choice of imprisonment), Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics Control Act (the possession of marijuana and the choice of imprisonment) concerning criminal facts;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the provisions of the Act on the Control of Narcotics, etc. (the provisions of the Act on the Control of Narcotics, etc.) due to the purchase of ma

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