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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
Criminal facts
1. Any person who violates the Act on the Control of Narcotics, etc. (marijuth) shall be prohibited from smoking marijuana;
On April 28, 2019, at around 20:00, the Defendant smoked marijuana twice repeatedly by inserting marijuana into tobacco pipe and burning it.
2. Around 17:55 on May 2, 2019, the Defendant driving a F non-motor vehicle in a section of about 130 meters without a driver’s license in a section of approximately 130 meters from the D’s voice-gun to the E apartment parking lot.
Summary of Evidence
1. Partial statement of the defendant;
1. Second prosecutor's protocol of examination of the accused;
1. Each police interrogation protocol against the accused;
1. The ledger of driver's licenses;
1. The defendant and his defense counsel on the assertion of narcotics appraisal statement asserted that the defendant and his defense counsel did not know about the smoke of the "tobacco pipe" at the time and place indicated in the decision of the defendant, but they thought that the tobacco contained therein was tobacco.
According to the evidence duly adopted and examined by this court, marijuana has a different flas, etc. from tobacco, and at the time, it appears that the Defendant could have known about the following circumstances, i.e., marijuana, which were known through “tobacco pipe,” even if smoke smoke was not inhaled by tobacco pipe,” and, on the ground that the four arms used to inhale the “tobacco pipe” to the Defendant, and the Defendant could have known the difference between marijuana and tobacco by inhaleing the “tobacco pipe” as a person who was in charge of tobacco, and the Defendant appears to have known about the difference between marijuana and the tobacco by taking account of the fact that smoking was marijuana.
Therefore, the defendant and his defense counsel cannot be accepted.
Application of Statutes
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