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(영문) 인천지방법원 2020.01.30 2019고합852
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

The defendant is not a person handling narcotics.

1. Purchasing marijuana;

A. On January 24, 2019, at around 00:37, the Defendant deposited KRW 600,000 in the name-free account (Account Number:F) issued by a hemp seller using Internet B AD (name-free: D) and purchased marijuana by recovering four grams concealed in the detailed housing price in Gangnam-gu Seoul, Seoul.

B. On January 25, 2019, around 01:24, the Defendant deposited KRW 900,000 into the said Nonghyup Bank account, and purchased marijuana by recovering 6 grams concealed in the detailed housing price in Gangnam-gu Seoul and below Seoul.

C. On January 27, 2019, the Defendant deposited KRW 400,00 in the said Nonghyup Bank account, and purchased marijuana by recovering 2.5 grams concealed in the detailed housing price in Gangnam-gu Seoul Metropolitan Government (Seoul).

On February 26, 2019, at around 21:04, the Defendant deposited KRW 300,000 into the said Nonghyup Bank account, and purchased marijuana by recovering 2 grams concealed in the detailed housing price in Gangnam-gu Seoul and below.

2. Around February 26, 2019, the Defendant smoked marijuana by inserting approximately 0.2g of marijuana in a pipe for smoking at the Defendant’s residence located in the Gtel H of the decentralization-gu, Seongbuk-si, Sungnam-si, and attaching a smoke.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against I and J;

1. A narcotics appraisal statement;

1. A copy of a statement of transfer of the narcotics sales account I case;

1. Investigation reports (in filing of indictments by Internet marijuana sellers, I, etc.);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 59 (1) 7, subparagraph 7 of Article 3 (hereafter referred to as "purchase of marijuana"), 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 labor) concerning the facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.

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