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(영문) 서울남부지방법원 2020.03.13 2019고합472
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

No person of "2019Gohap472" shall purchase or smoke marijuana.

1. Around May 4, 2019, the Defendant smoked marijuana by inserting approximately 2g of marijuana possessed by C in a rooftop room located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, into paper, flabing in a slid, flabing the smoke, attaching it into a roman, flab, and then smoking in a manner that inhales the smoke.

2. Around 18:00 on July 11, 2019, the Defendant: (a) delivered KRW 100,000 in cash to C for the purchase price of marijuana; and (b) purchased marijuana after receiving approximately 1g of marijuana.

On July 12, 2019, the Defendant, at the music work room located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around July 12, 2019, entered lsD, which is a paper-type psychotropic drug, in one unit of lsD (SSD, Lysergic Acidic Acidide), recorded lsD once, used lsD, and smoked marithic in the way of smoking, which is a kind of psychotropic drug in the form of paper, along with E and F.

Summary of Evidence

"2019, 472"

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of C or G by the police;

1. Copies of each narcotics appraisal certificate (not more than 117 pages, and not more than 119 pages);

1. A report on investigation (calculated of an additional collection charge) 2020 Gohap16;

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution (including installations to be replaced);

1. Protocols of seizure and list of seizure (No. 17 and 18 No. 5);

1. Protocols of seizure and list of seizure (No. 25 and 26 No. 5 of the evidence list);

1. Certificates of the results of an Agylology test and a written confirmation;

1. Ratifications and accompanying materials;

1. Investigation reports (related to the seizure of marijuana, etc. within the F vehicle of a suspect), materials to be attached thereto, investigation reports, and application of Acts and subordinate statutes to attached materials;

1. Article 59 (1) 7, subparagraph 7 of Article 3 ( point of purchase of marijuana), Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of smoking marijuana and the choice of each imprisonment with labor), and control of narcotics, etc. concerning facts constituting an offense;

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