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(영문) 수원지방법원 2020.03.27 2020고합73
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On August 24, 2017, the Defendant sentenced the Seoul Western District Court to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence on May 4, 2019.

Criminal facts

No person shall smoke marijuana, and no person other than a person handling narcotics shall cultivate, possess, possess, give or receive, transport, keep in custody, or use marijuana.

1. Around December 24, 2019, the Defendant smoked marijuana in a way that: (a) around December 24, 2019, at the Defendant’s residence located in Singu B and C; (b) at the Defendant’s residence, a gambling paper made in a pipe-shaped shape by drilling the hole into plastic pest; and (c) at the end of the gambling paper of the hemp inhaled body; and (d) the following smokes occur by inserting the erode of marijuana; (b)

2. Notwithstanding that the Defendant is not a person handling narcotics, at around 14:40 on December 27, 2019, the Defendant kept approximately KRW 26.51g in total of marijuana by storing a container for each scrap metal containing approximately 15.23g of marijuana in the line installed above the singing of the Defendant’s residence, namely, about 14:40 on December 27, 2019, in the line installed above the singing of the Defendant’s residence, and one container for metal in the form containing approximately 11.28g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure, photographs of seizure (No. 1 and 2), and photographs of seizure (No. 3);

1. Written consent to collection of urines;

1. A reply to a request for appraisal, a narcotics appraisal report, and a reply to a request for appraisal on the seized articles;

1. Reporting on the market price related to additional collection charges;

1. Previous convictions in judgment: Before disposition, report on results of confirmation, and application of Acts and subordinate statutes, such as personal confinement status, criminal history records, etc.;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the smoking point of marijuana), Articles 61 (1) 6 and 4 (1) (the point of keeping marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each sentence concerning the crime;

1. Aggravation of repeated crimes;

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