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(영문) 서울서부지방법원 2017.04.13 2017고단408

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is not a handler of narcotics, and shall not sell, sell, or smoke marijuana.

1. Around 00:00 on January 24, 2016, the Defendant: “D” as the “D’s operation on the 3rd floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government; and: (a) dried up pipes made from C with a pipe filled up by the gambling paper containing the friage of marijuana; and (b) dumped off the hemp in a way of spreading it.

2. The defendant has committed the same harm;

2. 18. 15:00, at the same place as before and after around 15:0, the hemp was smoked in the same manner as in the preceding paragraph after being dried by the said C with the flasing volume.

3. The defendant has committed the same harm.

4. 1. At the same place as at around 04:00, at the same time as above C smoked marijuana in the same manner as in the preceding paragraph.

4. The defendant has committed the same harm.

6. 1. At the same place as at around 01:00, in the same manner as at the foregoing C, smoked marijuana in the same manner as at the preceding paragraph.

5. The defendant has committed the same harm.

6. 25. 02:30 At the same place as before around 20:30, marijuana was smoked in the same manner as in the preceding paragraph after being dried by the said C with a fluoral quantity.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. AC call details, investigation report (an investigation of the same details as the base station from which a suspect A mobile phone is sent), investigation report (temporary correction of a crime), and investigation report (an investigation of additional criminal facts against a suspect);

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and Selection of Fines for the Prevention of Illegal Crimes;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, even though he had had a record of being punished by a fine for the same kind of crime, shall again commit the instant crime.