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(영문) 서울북부지방법원 2014.06.27 2014고합155

마약류관리에관한법률위반(향정)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall smoke marijuana, and no person other than a person handling narcotics shall administer psychotropic drugs, and the defendant is not a person handling narcotics.

1. MaDMA (the first name X-si; hereinafter referred to as the “X-si”);

A. At around 22:00 on August 2013, the Defendant administered “D” hotel underground “E” clubs located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu, in a way that the X-si 1 capse, psychotropic drugs, together with water, is administered.

B. At around 01:00 on September 201, 2013, the Defendant administered psychotropic drugs in the manner of using a capsule, i.e., psychotropic drugs, in the I PP car parked in the “G” parking lot located in Gangnam-gu Seoul Metropolitan Government F.

2. Smoking marijuana;

A. On August 2013, the Defendant smoked by inserting approximately 0.5g of marijuana to a tobacco pipe in a siren operated by the Defendant at the Gangnam-gu Seoul Metropolitan Government on August 22, 2013, in a manner that inhales the smoke by inserting approximately 0.5g of marijuana in the siren driven by the Defendant;

B. At around 23:00 on September 23, 2013, the Defendant returned to the marijuana smoking machine (e.g., a string at the entrance of a lock-in disease, and a form of inhaleing a smoke coming through the entrance with a fire attached thereto) that was made by inserting water into H and M, and then sticking to the math of marijuana at around 1.5 liters, along with H and M, at around 104 916, 104 and 916.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. A report on investigation (expers and marijuana market price), investigation report (related to reinforcement evidence and calculation of the amount additionally collected);

1. Application of statutes governing the market price of narcotics;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (the point of administering an X-the-counter medication and fine), Article 61(1)4(a) and Article 3 subparag. 10(a) of the Act on the Control of Narcotics, etc. (the point of smoking marijuana and the selection of fines) concerning criminal facts;