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(영문) 서울중앙지방법원 2020.11.26 2020고단5990
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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

On March 22, 200, the Defendant: (a) removed a part of approximately 300,000 g of the 2gs purchased from the Defendant’s seat-free vehicle in front of the Seoul Jung-gu apartment, Seoul, and Cdong apartment, from his name-free vehicle, and smoked marijuana in a way that gets smoked by inserting the smoke in the tobacco, putting it in the inside and attaching the smoke, and then smoked on three occasions from that time until the beginning of April 2020, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each list of seizure and each protocol of seizure;

1. Each written appraisal report;

1. The application of Acts and subordinate statutes to a report on investigation (a photograph attached thereto) and a report on investigation (the calculation of an additional collection charge);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for narcotics addiction and subsequent personal and social harm.

It did not reflect the fact that the defendant was punished for a crime of the same kind of narcotics, but did not commit a second offense.

However, the court shall take into account the circumstances favorable to the Defendant’s confession and reflection of all of the instant crimes, taking into account the Defendant’s age, character and conduct, environment, the background and consequence of the instant crimes, and all other circumstances constituting the conditions for sentencing, such as the circumstances after the instant crimes, as set forth in the text.

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