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(영문) 서울서부지방법원 2020.02.12 2019고합376
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2019, the Defendant: (a) had the intention to purchase marijuana from his name-free persons via “B”, a Internet narcotics sales site; (b) transferred it to the address (C) designated by the deceased on his name-free persons on August 4, 2019; and (c) took approximately 0.0295 BC (Korean currency KRW 375,771) around that time, followed approximately 3g of marijuana contained in the plastic paper located outside the building located outside Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

In addition, from June 19, 2017 to 28 times, the Defendant transferred a total of KRW 2.53471859 BTC (Korean Won KRW 15,764,224) to the address of the walled person designated by him as shown in the list of crimes in the annexed sheet of crimes, and then brought about approximately KRW 107 g of marijuana included in the paper of the Seoul Gangnam-gu, Songpa, and Gwanak-gu.

Accordingly, the defendant purchased marijuana over 28 times.

2. On August 29, 2019, between 06:00 and 07:00 on the same day, the Defendant smoked marijuana at the Defendant’s home located in Yongsan-gu Seoul EF, containing approximately 1g of the marijuana purchased, among the marijuana purchased in advance, and attaching a fire thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Data on the G Exchange replies, the details of external withdrawals by each suspect, and the details of the H Exchange replies;

1. Each statement on narcotics (2019-H-19806) (training);

1. The details of transactions in the H Exchange and closure photographs;

1. Investigation reports (related to the multi-web web site B), investigation reports (related to additional crimes involving the purchase of marijuana), and investigation reports (related to the analysis of details of transactions in bitcos);

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 59 (1) 7, Article 3 subparagraph 7 (hereafter referred to as "purchase of marijuana"), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (hereafter referred to as "the smoking point of marijuana" and "the choice of imprisonment") of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense;

2. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply to the purchase of marijuana from September 18, 2017, which is the largest penalty.

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