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(영문) 서울남부지방법원 2020.03.11 2019고단4119

마약류관리에관한법률위반(대마)등

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

From December 25, 2018 to January 3, 2019, the Defendant 2019 was consumed with marijuana as a raw material in the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government.

No person, other than a person handling narcotics, of 2019 Highest 6759, shall administer a psychotropic drug cambacule (tentatively referred to as "copon"; hereinafter referred to as "copon"), and the defendant is not a person handling narcotics.

Nevertheless, around 16:00 on October 31, 2019, the Defendant injected phiphones by inserting approximately 0.03g of philophones into a single-use injection machine, dilution with raw water and injection into arms.

Summary of Evidence

"2019 Highest 4119"

1. The defendant's third court date and statement in court;

1. Records of seizure and the list of seizure;

1. Each investigation report (written response to a suspect A's response to a reply, and a reply to a suspect A's response to a reply to the results of the drug appraisal);

1. Each narcotics appraisal report "2019 Highest 6759";

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Certificates of the time of and issuance of a written test of the damage by aeurology;

1. Application of Acts and subordinate statutes to a report on investigation (written request for questioning and appraisal by the State);

1. Article 61 (1) 4 of the relevant Act and Article 61 (1) 10 (a) of the Act on the Selection and Control of Narcotics, Etc. (the point of intake marijuana), Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) (the point of administration of psychotropic drugs) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. In the case of narcotics-related crimes on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is necessary to strictly punish not only the relevant individual but also the society with an adverse effect on the whole society due to its toxicity.

The defendant is followed by taking marijuana again.