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(영문) 서울남부지방법원 2020.10.29 2020고합420
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

Although the Defendant is not a person handling narcotics, the Defendant traded marijuana as follows:

1. On March 26, 2020, the Defendant: (a) purchased marijuana from B (T) obtained through the Internet; (b) transferred the price of KRW 1.5 million to the Agricultural Cooperative Account (E) in the name of D known by B (E) around March 26, 2020; and (c) purchased and sold marijuana by means of searching approximately 70g of marijuana posted by B while keeping the unmanned ship located in Guro-gu Seoul Metropolitan Government F (F) around that time.

2. The Defendant decided to purchase marijuana from B, and around 12:52 on April 11, 2020, transferred the price of KRW 200,000 to the new cooperation account (G) in the name of D known by B, and around that time, purchased and sold marijuana by finding approximately 80g of marijuana left by B while keeping the officetel-based unmanned stack as indicated in the preceding port.

Summary of Evidence

1. Copy of the police interrogation protocol (2nd investigation of the purchaser) of the defendant's legal statement B, the investigation report (2nd investigation of the additional purchaser) and the transmission details of express buses, the investigation report (a seller in the original area and the purchaser's telephone needs), and the invoice data, the delivery data of Kwik service, on-site photo, investigation report (as to the identification of the A's residence), and A telephone phone users, H mobile phone users, investigation report (as to the identification of the A's residence), investigation report (as to the A's specific and athletes' identity), investigation report (as to the addition of the B's indictment), investigation report (as to the identification of the seller), indictments, and the application of the law of the list of accounts by account (additional collection charge and the additional collection charge), investigation report (as to the identification of the A's residence), investigation report, etc.

1. Article 59 (1) 7 and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, etc. for Crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act (Aggravation of concurrent crimes with punishment prescribed by the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on April 11, 2020),

1. Article 62 (1) of the Criminal Act on probation;

1. Article 62-2 (1) of the Social Service Order Criminal Act;

1. Additional narcotics:

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