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(영문) 서울중앙지방법원 2020.04.10 2019고합967
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

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

1. Purchasing marijuana;

A. On February 11, 2019, the Defendant decided to purchase marijuana from the person under whose name the Defendant came to know through the Internet, and transferred the purchase price of marijuana KRW 540,000 to the account under the name of (oilB) known by the seller under the name of the said seller, and around that time, the said seller purchased marijuana by means of bringing about 3g of marijuana, which was concealed under the name of the person under whose name the seller came to know.

B. On July 20, 2019, the Defendant decided to purchase marijuana from a person who was aware of via the Internet. On July 20, 2019, the Defendant transferred the purchase price of marijuana of KRW 1.80,000 to a non-account known by the seller on his name, and around that time, the Defendant purchased marijuana by using the method that the seller purchased it with the mariage concealed in the name of Samsungdong, Gangnam-gu, Seoul.

2. Smoking marijuana;

A. On February 12, 2019, the Defendant smoked marijuana in a manner that inhales the smoke generated by heating the string of the marijuana purchased from the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government C Apartment D, as set forth in the foregoing paragraph 1(a), and inhales it by heating the strings.

B. On July 21, 2019, the Defendant smoked in the above manner among marijuana purchased at the Defendant’s work room located in Gangnam-gu Seoul, Seoul, with the foregoing paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal statement, a statement of response to the results of appraisal with the State;

1. One copy of deposits without a bank account (F)B account, one copy of the deposit without a bank account (45 per annum), one copy of the statement of transactions without a bank, one copy of the statement of transactions with a bank, one copy of the statement of transactions with a bank, and one copy of the certificate of deposit transaction;

1. Application of one- set of Acts and subordinate statutes to a photograph of a running-off video prior to deposit;

1. Article 59 (1) of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

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