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(영문) 서울서부지방법원 2017.11.24 2017고정1080
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The point of use of marijuana;

A. On February 21, 2017, from around 23:00 to March 23:00, the Defendant: (a) responded to 2/409 of Yongsan-gu Seoul Yongsan-gu apartment c; (b) mixing 1g of marijuana and 1g cococons, thereby using marijuana over seven occasions in total by inserting it into the Defendant’s port.

B. On March 2, 2017, around 11:00, the Defendant responded to the instant C Apartment Nos. 2 and 409 on March 2, 2017, by mixing marijuana Nos. 1g per day with coconss and 1g, and used marijuana by inserting it through the Defendant’s resistance.

2. Around March 2, 2017, the Defendant possessed a 12 injection machine in the form of keeping at the kitchen any 12 marijuana 1g of the hemp 1g, respectively, from March 2, 2017, around March 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. E-mail written statement, hemp error prescription;

1. Notification of the result of legal and chemical appraisal (training of urine marijuana);

1. A report on the detection of narcotics by the Incheon Customs Office, a written request for appraisal by the Incheon Customs Office, and a response report;

1. A detailed statement of unique transportation revenue from the Incheon Customs Office;

1. Each protocol of seizure;

1. Each investigation report and the application of statutes governing customs clearance information for imported cargo;

1. Article 61 (1) 6 of the Act on the Management of Narcotics, Etc. and Articles 4 (1) 2 and 4 (1) 2 of the Act on the Management of Narcotics, etc., for the sake of criminal facts and the selection of fines for negligence;

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

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

1. Article 48 (1) 2 and (2) of the Criminal Act, the proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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