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(영문) 서울중앙지방법원 2020.07.21 2020고단2933
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

Even if the Defendant is not a person handling narcotics, the Defendant treated the marijuana as follows:

1. Around 18:00 on July 25, 2019, the Defendant received approximately three grams of marijuana from a foreigner in the name in Gangnam-gu Seoul, Gangnam-gu and C, on a free basis.

2. The Defendant: (a) around 20:00 on July 27, 2019, posted a cigarette with approximately 0.1g of marijuana in the e-benz A200 vehicle parked on the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) smoked as smoking, as the Defendant smoked.

In addition, from that time until October 2, 2019, the Defendant smoked approximately 2.3g of the total hemps over 23 times as indicated in the following crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (investigation of the results of appraisal of narcotics, etc. committed by a suspect);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Articles 61 (1) 6 and 4 (1) 2 (the point of receiving and receiving marijuana), 61 (1) 4 (a), and 31 (10) 10 (a) of the Narcotics Control Act (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor for each 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. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for narcotics addiction and subsequent personal and social harm.

However, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances that include the Defendant’s age, character and conduct, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, including the fact that the Defendant has led to the confession and reflect of the crime, and that the Defendant is the first offender who has no criminal record.

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