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(영문) 서울북부지방법원 2013.05.30 2013고단603
마약류관리에관한법률위반(향정)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

“2013 Highest 603” Defendant is not a person handling narcotics, even if he is not a person handling narcotics;

1. Smoking marijuana in the first floor of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on May 2012, in a way of inserting the fluority of the hemp in a tobacco dog, with a fire attached thereto, and inhaleing it;

2. From May 6, 2012 to May 2, 2012, at the same time, a psychotropic drug, which was possessed as a psychotropic drug in the process of an influent coffee shop in the vicinity of Gangnam-gu, Gangnam-gu, Seoul, MaMA (a one-day X-si) and a one-time smoking quantity in the hemp plant, were received from D.

"2013 Highest 761"

1. At around 16:00 on August 22, 2012, the Defendant received 2.5 million won from E to one bank account under the name of the Defendant. At around 19:00 on the same day, at around 19:00, the Defendant sent the hemp plant to the said E in the residence of the building of Gangnam-gu Seoul Metropolitan Government 401 on the same day.

As above, the Defendant assisted the trade of marijuana.

2. On August 22, 2012, at around 21:00, the Defendant, along with men in the foregoing E’s residence, stored the hemp plant in a spawn bottle with those in the E and his name misstious, smoked it by inhaleing the smoke.

Summary of Evidence

"2013 Highest 603"

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Results of appraisal (fluorials) and investigation reports (attached to indictment). "2013 Highest 761";

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Act on the Control of Narcotics, etc. (Act No. 932), Articles 60 (1) 3, 4 (1), 2 subparag. 4 (b), 61 (1) 8, and 3 subparag. 11 of the former Act on the Control of Narcotics, Etc. (Act No. 9932), concerning criminal facts: Article 61 (1) 4 (a) and (c), and Article 3 subparag. 10 of the Narcotics Control Act;

2. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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