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(영문) 청주지방법원 2021.02.17 2020고합276
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

No person shall export, import, manufacture, or trade marijuana, and smoke or take in marijuana or its seed coats.

1. On July 19, 2020, the Defendant: (a) visited “B” inside the “Dak Web” website and agreed to purchase approximately 1g of marijuana from “B”; (b) the Defendant sent the 200,000 won of the purchase price for marijuana to “B-coin; and (c) sent the purchase price for marijuana to B-coin; (b) around 15:46 of the same day, the Defendant brought about approximately 1g of marijuana concealed at the E-park located adjacent to the E-park located in Bupyeong-si, Busan.

E. The purchase was made.

2. On July 19, 2020, the Defendant smoked marijuana at the front park of the F Building, Cheongju-si, by raising approximately 1g of marijuana purchased, such as paragraph (1), on the top of the top of the lids of the empty coffee lid, and then smoking it in a way of inhaleing the smoke of marijuana, because the lids are considered as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the records of seizure, the investigation report on the list of search and seizure (as to the photographic photographs of bitcos transferred by the person under investigation), the investigation report (as to the replys to close appraisal by the person under investigation), and the investigation report (as to the replys to close appraisal by the person under investigation);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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