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(영문) 서울중앙지방법원 2020.06.26 2020고합305
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

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

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

1. The Defendant: (a) sent bitcos to the bitcos to the bitcos address known by the seller of the bitcos by accessing the multilateral web “B” and “C” website; and (b) had the intent to purchase marijuana in the bitcos using the bitcos “s” method (the method of finding narcotics, etc. to the place where they are concealed after the transfer of the price).

On July 25, 2019: (a) around 14:28, the Defendant sent 0.040579 BTC (F) to the bitco-owner’s bitco-owner’s address (F) connected to the coco-owner in Gangnam-gu Seoul Metropolitan Government D Building E, and used by the seller of the bitco-owner, and purchased approximately 223 g of marijuana in total from around 22:00 to 23:00 on the same day by collecting approximately 5 g of marijuana stored in advance at the house near the Gangnam-gu Seoul Metropolitan house; and (b) purchased approximately 4.410574 BTC (limited to KRW 28,061,040) over 45 times in total as indicated in the attached list of crimes.

2. On August 16, 2019, the Defendant smoked marijuana in his/her own vehicle parked in the lower-dong and lower-dong area of Kimhae-si, Kim Jong-si in a way that he/she deducteds consular leaves from his/her tobacco, puts about 0.5g of marijuana in the substance, puts the smoke in the substance, puts the smoke in a flash.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Inspection results of simplified reagents, each request for appraisal, and written appraisal (No. 15, 17 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 12, 13, 18, 23)

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., Articles 3 and 7 (main sentence) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc. (the point of smoking marijuana and the choice of imprisonment) concerning criminal facts;

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