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(영문) 서울북부지방법원 2021.03.29 2020고합562
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

Defendant is not a narcotics handler.

1. On August 26, 2019, the Defendant: (a) accessed B’s Internet deep web; (b) ordered marijuana seller’s “C” to use the GPG encryption program; (c) transferred the purchase price of marijuana to seller’s 0.114605BTC (Korean currency KRW 1,404,619) to seller’s bitco-in address; and (d) purchased marijuana in the way of searching for marijuana in the vicinity of Seocho-gu Seoul, Seocho-gu, where the seller notified of at the same day by the day and time; and (e) sold marijuana over six occasions in total, as shown in the attached Form / [1] between the time and June 18, 2020.

2. On August 26, 2019, the Defendant: (a) around night, at the Jongno-gu Seoul Metropolitan E-building rooftop, smoked marijuana 1g of marijuana by making the marijuana tobacco in the form of a cigarette paper (cination roller) and attaching the cigarette; and (b) during the same period from that time until June 18, 2020, the Defendant smoked marijuana 7 times in total, such as a flag / [2].

Summary of Evidence

1. The result of the defendant's legal statement seizure protocol (voluntary submission) of the defendant's protocol of search and seizure, each of the appraisal records (Evidence Nos. 24, 27, 32) and the statement of remittance in bitcos;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated as a suspect A additional collection charge);

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc. and Articles 3 and 7 of the Act on the Management of Narcotics, Etc. (the point of trade of marijuana) concerning criminal facts, Article 61 (1) 4-a and Article 3 subparagraph 10 of the Act on the Control of Narcotics, etc. (the point of trade of marijuana and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [the punishment shall be imposed on a person who commits a violation of the Act on the Control of Narcotics, Etc. from Sale and Purchase of Cannabis on December 7, 2019, with the largest penalty];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Collection;

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