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(영문) 부산지방법원 동부지원 2021.01.14 2020고단1714

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

Defendant is not a narcotics handler.

1. Smoking marijuana;

A. On June 15, 2020, at around 20:00, the Defendant smoked marijuana in a way that, in the Defendant’s residence located in Busan Southern-gu apartment B apartment complex C, the Defendant smoked in a way that partially lowers the packing materials of the tobacco, putting them into tobacco with a fluence, and inhales smoke by attaching a fluence.

B. On June 23, 2020, at around 15:00, the Defendant smoked marijuana in such a way as to reduce part of the cigarette holder’s cigarette and to infusing smoke with a smoke added thereto at the places described in the foregoing paragraph (a).

2. On June 23, 2020, around 19:20 around 19:20, the Defendant, holding marijuana, carried approximately 0.39g of marijuana in the container for the corresponding head of the West.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on site photographs at the time of seizure of each record of seizure and each list of narcotics seized;

1. Article 60 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6 and Article 4 (1) 2 (the point of carrying marijuana) of the Act on the Control of Narcotics, Etc., and choice of imprisonment for each sentence, with prison labor, for criminal facts;

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

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) No crime of Category 1 [Violation of the Narcotics Control Act (Determination of Type] / [Attachment] / Simple possession, etc. (Type 2] / marijuana, native d. (e) and item (e) of this Article / None [the territory of recommendation and the scope of punishment recommended] / Imprisonment with labor for eight months to one year;

(b) 2 offences [the marith of Violation of the Narcotics Control Act (marith of the Republic of Korea)].