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(영문) 서울서부지방법원 2013.12.18 2013고단2909
마약류관리에관한법률위반(대마)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

The Defendant treated the marijuana, which is a narcotics, as follows, in spite of the absence of a person handling narcotics, as a foreigner of the U.S. nationality.

1. On January 1, 2013, at around 18:30, the Defendant, at the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government D building 106 dong 1001, posted approximately 0.2g of marijuana, he/she had, and added it to a pipe made of Aluminum aluminium, and smoked in a way that he/she gets off with a stopter.

2. At around 20:00 on the same day, the Defendant received and delivered approximately 0.5 grams from the above E without compensation at the same place.

3. At around 22:00 on June 2013, the Defendant smoked 0.2g of marijuana, at the same place as the above paragraph 1 and 2, as in the foregoing paragraph 2, with F and F in the same manner as in the foregoing paragraph 1.

4. At around 22:00 on July 2013, the Defendant smoked 0.2g of marijuana, at the same place as the above paragraph 1 and 2, as in the foregoing paragraph 2, with F and F in the same manner as in the foregoing paragraph 1.

5. At the same time and place as above 4, the Defendant delivered 0.1g of marijuana received to F, as above 2, to F, free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. A copy of an interrogation protocol of F;

1. Police seizure records;

1. The application of Acts and subordinate statutes to a report on investigation, a report on simple reagents examination results, photographic, and written request for appraisal;

1. Article 61(1)6, Article 4(1)2, Article 2 subparag. 4 of the Narcotics Control Act (the occupation of receiving and keeping marijuana, the choice of fines), and Article 61(1)4 of the Act on the Control of Narcotics, etc. subject to the relevant criminal facts;

Sub-paragraph 10 A of Article 3, Article 3

Purpose (the point of smoking marijuana, the choice of a fine)

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

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

1. The two kinds of punishment under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., are divided into one another, and the defendant commits again.

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