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(영문) 부산지방법원 2013.07.05 2013고단3026
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics, who is a seafarer of the Russian nationality, who was on board D which entered Busan Port C.

1. Points for smoking marijuana;

A. On May 26, 2013, at around 08:00, the Defendant smoked marijuana by inserting dust made by mixing the influent hemp with the smokes in the D’s ship room located at the port located in Seo-gu Busan, Seo-gu, Busan, into the pipe, and attaching the d’s fire to the pipe.

B. At around 19:00 on the same day, the Defendant smoked an influorrious marijuana at the place indicated in the paragraph (a) in the same manner as Paragraph (a).

2. At around 00:10 on May 27, 2013, the Defendant: (a) placed 2 34.8g g, a product containing marijuana ingredients in the Seocho-gu Busan, Seo-gu, Busan, in the Defendant’s clothes; (b) around that time, the Defendant possessed 1.5g g of dust, which is mixed with marijuana and 964g g, in the Defendant’s bank room, inside the Defendant’s room located in the D line; and (c) stored 1.54g of dust, which is mixed with marijuana and smokes, in the body of the Defendant’s room; and (d) carried 964g of marijuana, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Report on marijuana imported by the crew members of ocean-going ships at anchor, one copy of the search site photograph, one copy of the A passport, one copy of the D Port Entry Report and the crew list, one written confirmation of a request for consular notice, and notification of the results of the assessment of narcotics (urinal - training, hemp training); and

1. Application of investigative reports (the market price of marijuana and the calculation of additional collection charges) Acts and subordinate statutes;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10, Article 61 (1) 6, and Article 4 (1) of the Act on the Management of Narcotics, Etc. and Selection of Types of Crimes, and Selection of Imprisonment for Punishment;

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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