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(영문) 서울남부지방법원 2020.04.23 2020고단1054

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Smoking marijuana seed coats;

A. At around 00:00 on the first day of January, 2020, the Defendant smoked the hemp seed coats in the Yangcheon-gu Seoul Metropolitan Government Btel C by inserting tobacco, inserting a certain amount of tobacco to the hemp seed coats in which the flusium was added, and attaching a fire to the flus seed coats in a flusing manner.

B. At around 00:00 on January 15, 2020, the Defendant smoked the hemp seed coats in the vicinity of the D apartment house in the Pakistan-si.

C. At around 00:00 on January 23, 2020, the Defendant smoked the hemp seed coats in the above manner.

At around 00:00 on January 29, 2020, the Defendant smoked the hemp seed coats in a park near D apartment units in the Pakistan-si.

2. Around 15:00 on the first day of December, 2019, the Defendant carried marijuana seed coats and carried marijuana seed coats for the purpose of inserting 13.46g of its seed coats collected from the vicinity of the D apartment of Pakistan-si in Plasta and smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation record of seizure;

1. A narcotics appraisal report, a request for appraisal, and an appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3, subparagraph 10 (a) of Article 3, Article 61 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of smoking in each hemp plant seed coats at the market, the choice of each imprisonment), Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) (the occupation of carrying marijuana seed coats at the market, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution of sentence Article 62 (1) of the Criminal Act (The following extenuating circumstances deemed favorable to the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Article 67 of the Narcotics Control Act;