logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.28 2020고단1608
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. On July 8, 2019, the Defendant smoked marijuana in a way that, around 21:00 on July 8, 2019, the marith purchased from an influence of name from a toilet in the Defendant’s residence in Gangnam-gu Seoul building C, by inserting the mari volume purchased from an influence of name via the Internet in a pipe and attaching a flu

2. The Defendant, while holding marijuana, carried marijuana at the above date, at the above place, by putting in vinyl bags the fluor of marijuana in plastic bags and keeping it in the toilets.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of the defendant and D;

1. Each protocol of seizure and the list of seizure;

1. Each appraisal request, report on narcotics, and a gene appraisal report;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 (the point of carrying marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence concerning 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. Order to attend lectures and Article 62-2 of the Criminal Act for probation;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act with regard to the provisional payment order: A person who has the record of suspended sentence of imprisonment;

(k) favorable circumstances: the fact that the commission of the crime is recognized and reflected, the fact that there is no record of the same kind of crime, and the quantity of the hemp possessed is not large;

arrow