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(영문) 서울중앙지방법원 2018.11.15 2018고단6237
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 10, 2017, around 22:30, the Defendant: (a) removed the tobacco smoke from the sprinked vehicle parked in the “C” parking lot located in Seocho-gu Seoul Metropolitan Government, and then smokeed by inserting approximately 0.3g of marijuana in the sprinked vehicle; and (b) attaching a fire to the smoke.

2. On October 7, 2017, the Defendant smoked approximately 0.3g of marijuana at the foregoing place in the foregoing manner, around 00:30,00.

3. On October 15, 2017, the Defendant smoked approximately 0.3g of marijuana at the above place in the foregoing manner, around October 15, 2017.

4. On November 15, 2017, the Defendant smoked approximately 0.3g of marijuana at the above place by the said method at around 23:00.

5. On November 20, 2017, the Defendant smoked approximately 0.3g of marijuana at the aforementioned place in light of around 23:00.

6. On April 13, 2018, the Defendant smoked approximately 0.3g of marijuana at the aforementioned place in light of around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes governing monthly trends in narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Penalty for the Crime, Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. additionally Collection (3,00 won x 6 times the price for a single installment transaction of the hemp plant);

1. The crime of narcotics, etc. with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which makes it difficult for the defendant to lead a normal social life by causing his/her physical and mental addiction, while the harm of misuse and abuse and undermining the public health and sound social order, etc., are not adversely affected by the nation, but all of the crimes of this case are recognized and against the defendant, and the defendant is punished for the same kind of crime.

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