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(영문) 서울중앙지방법원 2017.07.20 2017고단3723
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. On October 9, 2016, around 06:00, the Defendant smoked marijuana in a way that the amount of marijuana contained in the electronic cigarette L and booms at the Defendant’s residence located in Yongsan-gu Seoul and 101.

2. 피고인은 2016. 10. 10. 05:00 경 위 피고인의 주거지에서 대마초 약 0.2g 을 ‘ 팰 리 아 멘트’ 담배 개피에 넣고 라이터로 불을 붙여 L와 함께 담배를 피우는 방법으로, 대마를 흡연하였다.

3. On October 12, 2016, the Defendant smoked marijuana in such a way that the marith of marijuana contained in the electronic tobacco would turn L and friend, and smoked by smoking, in the presence of the above Defendant.

4. 피고인은 2016. 10. 14. 06:10 경부터 09:00 경 사이에 위 피고인의 주거지에서 대마초 약 0.2g 을 ‘ 팰 리 아 멘트’ 담배 개피에 넣고 라이터로 불을 붙여 L와 함께 담배를 피우는 방법으로, 대마를 흡연하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning examination of suspect with respect to L by the prosecution;

1. A statement on narcotics appraisal;

1. Details of telephone conversations, text messages dialogue, and text of judgment (L);

1. Application of Acts and subordinate statutes to report internal death (the investigation of the details of text messages on a cyber cell phone, and the investigation of monetary details);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Article 30 of the Criminal Act, and Article 61 of the same Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime related to narcotics, etc. for the reason of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. requires strict punishment because it is likely to exert a serious adverse effect on society as well as to avoid the body and mind of an individual, and to harm the health of the people or induce other crimes, etc.

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