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(영문) 서울남부지방법원 2021.01.28 2020고단5816

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for one year.

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

Although the Defendant is not a narcotics handler, the Defendant treated marijuana as follows:

1. Possession of marijuana;

A. On November 19, 2019, the Defendant kept approximately 402g of marijuana in the learning b managed by the Defendant in the Gulcheon-gun, 2019, and possessed it.

B. On October 26, 2020, the Defendant, at around 15:41, kept approximately 46.5g of marijuana, which was low in the paper, on the inside and outside of the inside and outside of the inside of the Anncheon-gun C Department D, Anncheon-gun, Gyeonggi-do, and carried marijuana.

2. The Defendant smoked marijuana at around 15:10 on October 26, 202, in a manner that contains the marith of marijuana in the paper of the above 1’s residence, with the marith by inserting the marith of marijuana in the paper of the above 1’s residence, and with the marith by attaching the marith to the marith of it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A narcotics appraisal report, each appraisal report, each reply, and each appraisal report;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs at the storage site of marijuana and the result of the inspection of a summary test of narcotics,CCUSIGN on the uriine of a suspect A);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 6 and 4 (1) 2 (the point of carrying marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment, respectively;

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. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there are several kinds of records, and the circumstances favorable to the cultivation of marijuana: The defendant has led the defendant, the fact that the defendant has led the defendant, and other records and trials are recorded, such as the defendant's age, sexual behavior, family relationship, and the situation before and after the crime.