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(영문) 부산지방법원 2014.05.23 2014고단2984
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No person shall smoke or take in marijuana or marijuana seed coats, and shall carry it for this purpose.

The defendant is a Russia national who is a seafarer of subparagraph C, who is a Russia national vessel of the Russia, at 13th Yusacheon-dong, Busan, Seocheon-gu.

On April 13, 2014, at around 18:00, the Defendant, within the said vessel at anchor as above, smoked in the manner of smoking, as if he were to smoked, and stored approximately 13.49g of marijuana resin in the first place of the said vessel, and approximately 4.76gg of marijuana resin in the said vessel’s cabin, respectively, at the time of smoking, in a manner of smoking by attaching the following fire:

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A report on detection, a report on smuggling, a written complaint, a written request for accusation, two photographs of marijuana resin, a written consent for recovery and inspection, a confirmation of the results of the inspection, a report on the results of analysis, a report on the results of appraisal of narcotics, and an appraiser

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 61 (1) 4 of the relevant Act and Article 61 (1) 10 (a) and (b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as per Disposition on the grounds of Article 67 or more of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

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