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(영문) 서울남부지방법원 2015.10.21 2015고단3449

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Jeonju District Court on the grounds of the violation of the Act on the Control of Narcotics, etc., and on June 11, 2013, the Defendant completed the execution of the sentence at the prime prison.

【Criminal Facts】

No person shall smoke marijuana or possess it for the purpose of smoking.

1. The Defendant possessed marijuana for the purpose of smoking from August 7, 2015 to August 8, 2015, built a non-fresh marijuana collected for the purpose of smoking in the vicinity of the Defendant’s residence located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and then packages it in a paper bag in good order, and thereafter, possessed it from that time until it arrives at the office building of the Kimpo Airport located in Gangseo-gu, Seoul, Gangseo-gu, Seoul, 112. < Amended by Presidential Decree No. 26558, Aug. 15, 2015>

2. On August 10, 2015, the Defendant: (a) around 19:00, around August 10, 2015, smoked marijuana of the value of tobacco in a manner of inserting the powder portion excluding the pen portion of tobacco in the vicinity of the Defendant’s residence; (b) taking marijuana extracted in the same manner as that extracted in the same manner as that of paragraph (1) by inserting it in that part; and (c) spraying the smoke by attaching the smoke to it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (suspects' prosecutor);

1. Investigation report (the collection of marijuana by a suspect);

1. Reports on investigation (the results of preliminary tests by the State);

1. Investigation report (or oral reply as a result of appraisal of seized articles);

1. Seizure records;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders of suspects and confirmations) and Acts and subordinate statutes;

1. Article 61 (1) 4 (b), Article 3 subparagraph 10 (b) (Article 61 (1) 4 (Article 61 (1) 4 (b), and Article 3 subparagraph 10 (b) (Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics Control Act (Article 61 (1) 4 of the Act on the Control of Narcotics, etc.

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Collection;