logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.04.10 2020고합43
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

No person, other than a person handling narcotics, shall trade or smoke marijuana, and the defendant is not a person handling narcotics.

1. On May 20, 2019, the Defendant: (a) sent marijuana to the “C” website via the Internet, “B” website, which is an Internet virtual currency exchange; and (b) purchased approximately 117gggs in total by transmitting 0.0303809BC (Korean currency KRW 286,279) to the address of the Bitcoin who was sent from the sale of marijuana on his/her name, using the “C” website; and (c) purchased marijuana by means of sending approximately 2g of hidden marijuana at the place where the said person was notified of his/her name; and (d) purchased 18 times in total, as indicated in the list of crimes in the attached Form, 3.284175BC (Korean currency KRW 16,118,304).

2. At around 01:00 on May 21, 2019, the Defendant smoked marijuana by inserting a half of disposable cans that he possessed in the Defendant’s vehicle parked in the D apartment E-dong parking lot in Seoul Special Metropolitan City, Nowon-gu, and inserting in it the marith of marijuana purchased, such as the No. 18 of the list of crimes in attached Form 18, with a fire attached thereto, and then inhales it.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative Report (A Specific Circumstances), a tag (including taxes), a suspect A B Bitcoin stating details of the external withdrawal of transactions, a criminal investigation report (as a result of suspect A's appraisal), a criminal investigation report (as a result of marijuana quantity purchased by a suspect), and a report on the calculation of additional collection charges;

1. The application of the Acts and subordinate statutes of B Exchange replies, and Narcotics Appraisal Reports (2019-H-21664);

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., through which the relevant criminal facts are applicable, and Article 61(1)4 of the Act on the Control of Narcotics, Etc. are selected;

Sub-paragraph 10 A of Article 3, Article 3

Purpose (the point of smoking marijuana, the choice of imprisonment)

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, shall apply to marijuana, the most severe punishment for which is committed.

arrow