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(영문) 서울중앙지방법원 2013.04.25 2013고합4

마약류관리에관한법률위반(향정)등

Text

Defendant shall be punished by imprisonment with prison labor for a period of one year and six months.

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

1. Violation of the Narcotics Control Act;

A. On March 8, 2012, the Defendant, despite that he is not a person handling narcotics (hereinafter the same shall apply) and around 20:00 on March 8, 2012, around AM-2201 (the similar body, prompt name “Sph-018”; hereinafter the same shall apply) of psychotropic substances in the Defendant’s residence of Mapo-gu Seoul Metropolitan Government, used them by inserting them into the pipe made of tobacco such as tobacco by using strawer and attaching fire thereto.

B. At around 20:00 on March 9, 2012, the Defendant used the sect in the same manner at the same place.

C. At around 20:00 on March 10, 2012, the Defendant used the sect in the same manner at the same place. D.

At around 18:00 on March 26, 2012, the Defendant used the sect in the same manner at the same place.

E. At around 20:00 on March 26, 2012, the Defendant used the sect in the same manner at the same place.

F. Around 06:00 on March 27, 2012, the Defendant used the sect in the same manner at the same place.

G. At around 10:20 on April 6, 2012, the Defendant possessed, at the same place, a pipe for smoking spiles approximately 4.32g and spphs on TV, contained in vinyl bars.

2. Between Mar. 2012 and Apr. 6, 2012, the Defendant violated the Act on the Control of Narcotics, Etc. (mariju) smoked in a way that the Defendant’s residence and the Defendant’s workplace located in Yongsan-gu Seoul Metropolitan Government D, as seen above, read the marith amount of marijuana, or smoked by inserting it in a pipe for smoking with a fire attached thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 1 through 3, 5, 6, 10, 12, 16, 17) and each narcotics appraisal report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 59(1)6 and Article 3 subparag. 6 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) regarding criminal facts and the choice of punishment.