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(영문) 창원지방법원 2016.06.17 2016고단4

마약류관리에관한법률위반(대마)

Text

Defendants shall be punished by a fine of KRW 7,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A

A. On September 11, 2015, the Defendant: (a) at the Defendant’s house located D 206 at Kimhae-si, Kim Jong-si, Da 206, left the marith on the stuff and smoked in a way that he collected the marith from a pest by attaching the flas to the fath.

B. On September 13, 2015, the Defendant smoked from the Defendant’s home in the foregoing manner as above, at the Defendant’s home indicated in the paragraph (a).

(c)

On September 15, 2015, the Defendant, at the home of the Defendant as described in paragraph (a) around September 15, 2015, sealed the beginning of one cigarette and smoked by inserting the marith of marijuana into the site and attaching the marith to it.

2. Defendant B

A. On September 11, 2015, the Defendant, at the house of the Defendant A, as indicated in paragraph (a) of Article 1-1 of the around September 11, 2015, saved marijuana on the stuff and smoked in a way that he collected it from a pest by cutting off the hemp.

B. On September 13, 2015, the Defendant smoked by the foregoing method at the Defendant’s house located in No. 1’s paragraph (a) around September 13, 2015.

(c)

On September 15, 2015, the Defendant smoked from the Defendant’s home located in Kimhae-si E 207 in the foregoing manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to photographs, written appraisal of each narcotics, and report on investigation (related to the calculation of an additional collection charge);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (Selection of Penalty) of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Facts and the Selection of Punishment therefor;

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

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (based on the calculation of additional collection charges = 6,000 won = The one minute for smoking marijuana in the original area x 2,00 won x 3 times);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act [unfair circumstances] of the Criminal Procedure Act for each order of provisional payment [the grounds for sentencing] are narcotics-related crimes resulting in the degradation of individuals, homes, society, and human society as a whole, beyond the individual criminal acts.