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(영문) 서울서부지방법원 2021.02.17 2020고합307
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

Defendant is not a narcotics handler.

1. On December 25, 2019, the Defendant: (a) filed an application for the purchase of hemp drugs using a telegram with a non-surgic seller who works at the multi-crow Web “B; (b) on the same day, the seller of the said hemp transferred the price of KRW 300,000 to the non-surging account; and (c) on the same day, the said seller attempted to purchase the hemp under the “Surg” method near Seocho-gu Seoul Metropolitan City where the said seller concealed the hemp, but failed to find the hemp; (d) on the same day, the said seller attempted to purchase the hemp drugs under the “Surg” method; and (e) did not receive the hemp.

Accordingly, the defendant tried to trade marijuana and attempted to trade it.

2. On March 20, 2020, the Defendant: (a) filed an application for purchase of approximately three grams of marijuana with a telegram using the telegram at an unclaimed place; (b) on the same day, the seller of the said hemp transferred the price of KRW 5,40,000 to an unclaimed account known to him; and (c) on the same day, the seller of the said marijuana purchased the marijuana by means of an unclaimed air-conditioner, outside the air-conditioner room in Gangnam-gu Seoul Metropolitan Government where the seller of the said marijuana is in an unclaimed house with approximately three grams of marijuana under the Internet search.

Accordingly, the Defendant traded marijuana.

3. Smoking marijuana;

A. On March 2020, the Defendant: (a) smoked marijuana by raising approximately 1.5gg of hemps purchased as indicated in paragraph (2) on the rooftop of the residence in Eunpyeong-gu Seoul, Seoul, on March 1, 2020; and (b) raising about 3g of hemps purchased as indicated in paragraph (2) on the gambling ground; and (c) as soon as the smoke generated by attaching fire on the string.

Accordingly, the Defendant smoked marijuana.

B. On June 28, 2020, the Defendant committed the crime at around June 28, 2020, on the rooftop of the residence located in Eunpyeong-gu Seoul Metropolitan Government, and around approximately 1.5g of the 3gs of marijuana purchased as described in paragraph 2, by raising about 1.5gs on the gambling site, and by accelerating the smoke generated by attaching the fire rapidly.

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