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(영문) 서울북부지방법원 2013.04.18 2013고정418
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 16:30 on June 30, 2012, the Defendant injected the hemp plant held with C on the pipe of tobacco, which was made by stuffed with C, at the Yasan located in Gangdong-gu Seoul Metropolitan Government, and with a fire attached thereto.

As above, the Defendant, in collusion with C, smoked marijuana.

2. The Defendant received the hemp amounting to KRW 0.5g from C at the above date, time, and place, free of charge.

3. At around 20:00 on August 2012, the Defendant smoked marijuana in a way that, as described in paragraph (2), the hemp amounting to 0.5g of the hemp that was received and possessed in the vicinity of the Dobong-gu Seoul Metropolitan Government apartment site, on the tobacco pipe made of the stuffed paper, with a fire attached, and inhales it.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to investigation reports (in response to a response to a report on the result of a counter-examination), investigation reports (the date and time of crime), investigation reports (the case of replys to false appraisal);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Management of Narcotics, Etc., Article 30 of the Criminal Act (the point of smoking marijuana around June 30, 2012), Article 61 (1) 6 and Article 4 (1) of the Narcotics Control Act (the point of receiving marijuana), Article 61 (1) 4 (a) and Article 61 (1) 4 (1) and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 (10) of the Act on the Management of Narcotics, Etc., and each choice of fines;

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

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

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

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