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(영문) 수원지방법원 2020.05.15 2020고합125
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

Although the Defendant is not a narcotics handler, the Defendant treated the hemp as follows:

1. On September 17, 2019, the Defendant traded marijuana: (a) around 14:24, 2019, at the “CPC bank” located in CPCB; (b) through the “D” website of the so-called “D” website, the Defendant purchased marijuana from the seller of the so-called “D” website; (c) using the “F” wall tag to the address (G) of the manager designated by the said seller; and (d) transmitted the 0.0459537 bitcocoon to the address (G) of the bitcoon designated by the said seller; (b) around 19:00 on the same day, from around 19:00 to around 20:0, the said seller concealed the said seller, while carrying about about five grams, from around January 3, 2019 to the above date, sent approximately 24,16,1417,140 17,194

Accordingly, the Defendant traded marijuana.

2. Around 10:00 on September 19, 2019, the Defendant injected a smoke with the Defendant’s JM3 car parked in the vicinity of I in the ethic City, JM3 car, in a pipe, and in a fluorous marijuana, the Defendant inhaled the smoke by inserting it into the pipe.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the police statement to K; and

1. Records of seizure and the list of seizure;

1. Each narcotics appraisal statement (the No. 21, 23 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation (calculated of a surcharge), report on internal investigation (specific circumstances A), investigation report (Attachment of a list of crimes and result of chinasis analysis)

1. Article 59 (1) 7, subparagraph 7 of Article 3 (the point of trade in marijuana) of the Act on the Control of Narcotics, Etc., 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 prison labor) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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