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(영문) 서울중앙지방법원 2018.08.09 2018고단3482
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 201, 2017, at around 22:00, the Defendant smoked in the C-A-car operated by the Defendant, which was parked in front of the residence of the Defendant of the Gangnam-gu Seoul building B, in a manner of raising about 0.5g of hemp on the paper of the plastic coffee container, and then spraying the hemp by attaching it to a stringer.

2. On November 201, 2017, the Defendant: (a) parked on the front door of the above Defendant’s residence; (b) manufactured marijuana tobacco by using approximately 0.5g of marijuana to roller fluor in a car operated by the Defendant, which was parked in front of the said Defendant’s residence; and (c) smoked in such a way as to inhale smoke by attaching a rack to a racker.

3. On November 201, 2017, around 22:00, the Defendant smoked 1g of marijuana over a total of twice, in the manner described in paragraph 2, within the vehicle operated by the Defendant, which was parked in front of the said Defendant’s residence, in the same manner as paragraph 2.

4. Around 21:00 on December 2, 2017, the Defendant parked in E in Gangnam-gu Seoul, Seoul, in the manner described in paragraph 2, around 0.5g of the hemp in the said car operated by the Defendant.

5. On December 2017, the Defendant smoked approximately 0.5g of the hemp in the manner specified in paragraph (2) within the passenger car operated by the Defendant, who parked in the front of the above Defendant’s residence, in the order of 22:00, around December 2017.

6. On December 2017, around 22:30, the Defendant smoked approximately 0.5g of the hemp in the manner specified in paragraph (2) within the Defendant’s vehicle parked in front of the residence of the above Defendant, in the manner specified in paragraph (2).

7. At the end of December 2017, the Defendant 22:00 smoked approximately 0.5g of the hemp in the manner specified in paragraph (2) within the passenger car driven by the Defendant who parked in the front of the above Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment therefor (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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