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(영문) 서울중앙지방법원 2020.09.17 2020고단4594
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six 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

No person shall smoke in marijuana.

1. On April 21, 2018, at C’s house located in Gangnam-gu Seoul, Gangnam-gu Seoul, the Defendant smoked marijuana by drilling the hole into plastic cups and spraying the smoke generated after attaching fire.

2. On April 7, 2018, around 23:00, the Defendant smoked marijuana by drilling the hole on plastic cups into the Gangnam-gu Seoul Metropolitan Government E, and by inhaleing the smoke that occurred after attaching fire.

3. The Defendant: 2018

4. At around 14:00, 29: (a) smoked marijuana by inserting the marith amount of marijuana into pipes and inhaleing the smoke generated after attaching it;

4. On May 24, 2018, the Defendant smoked marijuana in E’s house located in the said F apartment G at night, by drilling the hole into plastic cups by cutting off the marithic quantity of marijuana, and by inhaleing the smoke generated after attaching the fire.

5. On March 2019, the Defendant smoked marijuana by putting the math of marijuana in pipes and inhaleing the smoke generated after putting the math of marijuana into pipes around the H Park in Australia, which was located around the early 2019.

Summary of Evidence

1. The accused's statement in court, each protocol of interrogation of the accused, I and J by the prosecution;

1. A written statement of the accused of each police interrogation protocol against the accused, K, I, J, and L;

1. Application of Acts and subordinate statutes to each internal investigation report and accompanying materials (such as a copy of suspect interrogation protocol as to E);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. by which the relevant Article of the Act on Criminal facts and the Selection of Punishment are applicable;

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 under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the grounds for additional collection shall be five times);

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: marijuana.

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