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(영문) 부산지방법원 2020.12.09 2020고단4362
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is not a person handling narcotics, and no person other than a person handling narcotics shall smoke marijuana, or possess marijuana for the purpose of smoking.

1. Nevertheless, at around 21:00 on October 17, 2020, the Defendant smoked marijuana in a way that: (a) the marith of the marith of the marith of the marith of the marith by inserting the marith of the marith of the marith of the B, which was previously issued by the Crinant in his name in the vicinity of the B, and was in possession of the marith of the marith of the e

2. Nevertheless, the Defendant possessed, on October 19, 2020, about 25.94g of marijuana green leaves in front of the city of Busan and about 25.94g, and about 8cm in length of metal ( approximately 8cm in length of metal) for smoking marijuana in front of the city of Busan, the Defendant possessed them for the purpose of smoking marijuana.

Summary of Evidence

1. Protocol of the police statement concerning F of the suspect interrogation record of the defendant's legal statement E, G of the suspect interrogation record, and H's own statement;

1. The application of Acts and subordinate statutes concerning records of seizure, list of seized articles, photograph of seized articles, results of an Aquiqui personal inspection, appraisal statement, investigation report (related to imposition of an additional charge);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Prevention of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the same Act on the Prevention of

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Types] / 01. Medication, simple possession, etc. (Type 2 / marith) of narcotics;

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