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(영문) 의정부지방법원 2019.08.28 2019고합33
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

The defendant, together with the branch B, conspired to smoke after purchasing marijuana by using the hemp sales site known to B.

1. On November 26, 2016, the Defendant transferred KRW 400,00 to B via a bank account (Account Number:D) in the name of the Defendant, and around November 26, 2016, B transferred KRW 318,711,00 to B via a “E”, a sales site specializing in marijuana, to the address designated for the sale of marijuana on his/her name, around 09:46 and around 13:32 on the same day.

After November 28, 2016, from around 24:00 to around 06:00 of the same month, Defendant and B purchased marijuana approximately 150.5g of the total amount of 21,332,322 won for the sales of the above insular marijuana, as shown in Attached Table 1, from the above date and time to April 18, 2018.

Accordingly, the defendant purchased marijuana in collusion with B.

2. Around 23:00 on November 26, 2016, the Defendant smoked marijuana in collusion with B, etc. over 38 occasions from the above date to April 18, 2018, in collusion with B, etc., as shown in Appendix 2, in the Genz car for the Defendant’s operation, which was parked in the vicinity of the Gangnam-gu Seoul Metropolitan Government or Seoul Mapo-gu, or in the pipe created by the gambling site with B, wherein approximately 2g of marijuana was put in the pipe made by the gambling site along with B, and the smoke was spreaded by putting it into a ropoter by attaching it with a ropos, and as indicated in Appendix 2.

Accordingly, the Defendant conspiredd with B, etc. to smoke marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. A report on seizure, a list of seizure, a report on investigation (an investigation into the results of an appraisal of narcotics, etc. committed by a suspect), and a report on requests for appraisal;

1. Each police officer with B and H.

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