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(영문) 서울동부지방법원 2020.09.17 2020고단2206

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six 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

No person shall smoke or take in marijuana.

Nevertheless, the Defendant smoked or taken in in a non-fluorous manner between the Hadman on December 2, 2019 and January 20, 2020 between Seoul, Incheon-gun, Goyang-si, Yangyang-si, Yangyang-si, Mari-si, and Guri-si.

Summary of Evidence

The judgment on the defendant's assertion as to the defendant and defense counsel's assertion in the second interrogation protocol of the prosecutor's interrogation protocol against the defendant, which contains some statements among the prosecutor's interrogation protocol of the second prosecutor's interrogation protocol of the defendant as to the defendant, the prosecutor's interrogation protocol of the defendant, the prosecutor's interrogation protocol of search

1. The summary of the assertion is that the defendant has not smoked or taken marijuana at the time and time stated in the facts constituting the crime.

2. In full view of the following circumstances admitted by the evidence admitted as evidence of guilt prior to the determination, the Defendant’s assertion of the Defendant and the defense counsel cannot be accepted, since the Defendant sufficiently recognizes the fact of smoking or taking in marijuana as indicated in its holding.

① On January 20, 2020, as a result of the examination of the urine and the hair taken by the Defendant on January 20, 2020, the marithic ingredients were detected in both the Defendant’s urine and the hair.

② A prosecutor brought an indictment of this case on the grounds that “in the event of both training of urine and hair, it means not only the addict who has temporarily administered the relevant drug, but also the fact that the relevant drug was administered in recent years,” and that it is possible to assess marijuana ingredients in the urine from 4-8 hours after smoking, which is able to assess the smoking ingredients from 5-10 hours after smoking, and that the addict is allowed to assess whether the smoking is smoking during about one month from 2019 to 10 months after smoking.” The smoking time is determined as the smoking time between the police officer of December 2019 and the police officer of January 20, 2020, according to the location of the base station in which the Defendant’s telephone content was stated and the Defendant’s telephone content of the above time.

(3) The defendant.