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(영문) 서울중앙지방법원 2016.10.13 2016고단5950
마약류관리에관한법률위반(향정)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

2...

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

Even if the Defendant was not a narcotics handler, he handled psychotropic drugs, psychotropic drugs, JWH-018 (one-name “synthesis marijuana,” hereinafter “synthesis marijuana”) and marijuana as follows:

1. Around September 23, 2015, the Defendant used synthetic marijuana by inhaleing the smoke with a fire on approximately oneg of synthetic marijuana at the domicile of Gangnam-gu Seoul and D, Seoul, and about 304.

2. On December 2015, the Defendant used synthetic marijuana by inhaleing the postponements with a fire on approximately oneg of synthetic marijuana at the residence of the Defendant, among the policemen, at the residence of the said D.

3. On January 2016, the Defendant used synthetic marijuana by inhaleing the smoke with a fire on approximately oneg of synthetic marijuana at the residence of the Defendant’s police officer, and at the residence of the said D.

4. From early July 2016 to August 18:15, 2016, the Defendant possessed marijuana seeds by selling approximately 50.03 grams of marijuana seeds to the Defendant’s residence in Gangnam-gu Seoul and 601, Gangnam-gu, Seoul, and 601.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Response to the request for appraisal;

1. Each investigation report (the sequence 20, 21 of the evidence list);

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 5 of seized evidence;

1. Article 60 (1) 1, Article 3 subparagraph 1, subparagraph 3 (a) (the use of synthetic marijuana) of Article 2, Article 61 (1) 4 (b), Article 3 subparagraph 10 (b) of the Narcotics Control Act (the possession of the hemp seed) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment, respectively, 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Narcotics Control Act, Article 334 of the Criminal Procedure Act.

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