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(영문) 서울북부지방법원 2016.11.25 2016고단2851

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

[Majority Power] The case under the latter part of Article 37 of the Criminal Act, the criminal facts committed before concurrent crimes, the defendant's negligence in entering the signal violation crosswalk, and the agreement that the defendant sustained 10 weeks of bodily injury by shocking the pedestrian with the vehicle driven on September 10, 2015 (Provided, That the blood alcohol concentration exceeds the restricted standard): the Seoul Northern District Court Decision 8/200 as of December 10, 2015: the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents (amended by Act on the Special Cases concerning the Settlement of Traffic Accidents: the imprisonment without prison labor for 8/200: the violation of the Act on the Control of Narcotics, etc. (fence) in the same kind of electric power as of June 3, 205: Imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence of 2004): 10/1000 won or more of the Narcotics Control Act (fence of 2001: 10/190000 won or more of the Act.

1. Around 21:00 on July 2015, the Defendant received marijuana: (a) the Defendant parked on the street “D” located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul; (b) the Defendant received, without compensation, the amount of smoking portion from E on a vehicle operated by the Defendant; and (c) received and delivered marijuana.

2. The Defendant smoked marijuana in such a way as to put in the pipe made by the gambling paper and inhale the smoke on the same vehicle while moving to the street near the shooting range in the same location, on the pipe made by the gambling paper.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. The relevant Article of the facts constituting an offense, and Articles 61 (1) 6, 4 (1), 61 (1) 4 (a), and 3 (10) of the Act on the Selection and Management of Narcotics, Etc., and the Imprisonment, respectively;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Amount additionally collected under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 50,000 won (=one smoking price for marijuana); and

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.