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(영문) 서울중앙지방법원 2020.08.13 2020고합513
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

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 by means of the bitcos “s” (the method of finding narcotics, etc. to the place where they are concealed after the transfer of the price).

On September 17, 2019, at around 06:48, the Defendant transferred 0.03425 BTC (Korean currency 41,787 won) to the bitco-ray address (F) used by a seller of marijuana in his/her name in the Defendant’s residence in Dongjak-gu Seoul Metropolitan Government D and E, and purchased marijuana by collecting approximately 4g of marijuana concealed in advance from the 23:00 of the same day to the 00:00 of the following day from July 31, 2017 to September 17, 2019, and purchased approximately 6.7438 BTC (Korean currency 4,782,216 won) over a total of 82 occasions from July 31, 2017 to September 17, 2019, and purchased approximately 401g of marijuana.

2. Around 20:00 on September 18, 2019, the Defendant: (a) removed the tobacco plant from the Defendant’s small-scale G apartment H-dong parking lot of Daejeon Taedong-gu, Daejeon by removing the tobacco plant; and (b) smokeed the hemp by inserting the fluent volume of the hemp into the fluent car and attaching the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal, each report on narcotics appraisal;

1. The I Exchange reply data and the details of transmission;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 15, 16, 17, 24, 25 of the evidence list);

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 with prison labor) concerning criminal facts;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, shall apply mutatis mutandis to the most severe punishment.

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