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(영문) 서울중앙지방법원 2020.06.11 2020고합331

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

The defendant is not a person handling narcotics, etc., who is a foreigner of friendly or nationality.

1. On November 2019, the Defendant purchased marijuana 100,000 won from D, 100 won, and purchased it from D, from D, at the house of a foreigner of Uzbekistan nationality, which is located in the building B C, Seosan-si.

From that time to February 2020, the Defendant purchased marijuana through the above six times in total, as shown in Appendix I, from that time, from that time to that time.

2. Around 20:00 on March 24, 2020, the Defendant received marijuana franchisium from one person E without compensation and received it in front of the above B building.

3. On December 2, 2019, the Defendant smoked marijuana at the above D and the above name E, and around 21:00, at the above D’s house, with a cover covering a hole for drilling at the entrance of plastic inflows, and then, with a fire attached, with a holeing the smoke emitted from the hole coming under the water through the water hole above, and then smoking in a way of spreading.

Accordingly, the defendant smoked marijuana in collusion with D or one person E.

In addition, from that time until March 25, 2020 to that time, the Defendant conspired with D, etc. in a total of five times, or smoked marijuana independently, as shown in Appendix II.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. A suspect interrogation protocol of the police with respect to F (second time, interpretation), and a suspect interrogation protocol of the police with respect to D (fourth time);

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

1. Report on investigation (Attachment to photographs of seized articles), investigation report (report on the calculation of an additional collection charge);

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Article 59 (1) 7 of the Act on the Control of Narcotics, Etc., and Articles 3 and 7 of the Act on the Management of Narcotics, Etc., and Articles 61 (1) 6 and 4 of the Act on the Control of Narcotics, Etc., by which the relevant criminal facts are applicable, and by which the punishment is selected;