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(영문) 제주지방법원 2015.06.26 2015고단447

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall trade marijuana, or smoke marijuana or marijuana seed coats, and the defendant shall cultivate, possess, possess, deliver, receive, transport, keep in custody, or use marijuana by being a person handling narcotics, etc.

1. On December 21, 2014, at around 03:00, the Defendant received, without compensation, the shares of marijuana from a foreigner who was not registered in his/her name, at a trade-free club located in the Southern-gu Busan Metropolitan City.

2. On December 21, 2014, at around 06:00, the Defendant, at the Defendant’s residence of Busan Shipping Daegu Ctel 814, partially accepted marijuana, as described in paragraph 1, as well as at the domicile of the Defendant, and smoked marijuana on the entry of the Defendant, with a water flag attached thereto.

3. On December 29, 2014, around 03:00, the Defendant: (a) made a single charge of “mari-mari-mari-mari-si, Songpa-gu, Seoul; and (b) made a single charge of “mari-mari-mari-Ma,” which included part of the tobacco received, as provided in paragraph (1), in the number stringk, parked on the side of the non-fluoral road; and (c) made it possible for the Defendant to smoke by smoking the hemp by making it possible for him to fill

4. 피고인은 2014. 12. 29. 14:10경 서울 서초구 서초동 소재 강남고속버스터미널 경부선 수하물취급소 앞 노상에서 위와 같이 수수하여 흡연하고 남은 대마 7.8g상당을 소지하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (in response to a request for appraisal);

1. Seizure records;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of seized evidence;

1. Relevant legal provisions and the choice of punishment for the crime: Selection of each fine for negligence under Articles 61 (1) 4, 3 subparagraph 10 (a) (the point of smoking marijuana), 61 (1) 6, and 4 (1) 2 (the point of receiving and carrying marijuana), and Article 4 (1) 2 of the Narcotics Control Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Confiscation and collection: Article 67 of the Narcotics Control Act;

1. Provisional Payment Order: Article 334 of the Criminal Procedure Act.