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(영문) 부산지방법원 2013.10.31 2013고단4076
마약류관리에관한법률위반(대마)
Text

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

16,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. At around 14:00 on April 30, 2013, the Defendant: (a) removed psychotropic drugs, from the Defendant’s house located in the fourth floor of the Busan Young-gu, Busan, about oneg of hemp, a psychotropic drug, for smoking in a way of smoking, by inserting the cigarette stuff; and (b) inserting the psychotropic drugs into the form of tobacco by horse the stuff part; and (c) making them in the form of tobacco.

2. The Defendant received approximately one gram of marijuana from the company-affiliated C at the time and place of Paragraph 1.

3. At around 15:00 on May 7, 2013, the Defendant smoked by smoking approximately one gram of marijuana at the Defendant’s home as described in paragraph 1 in the same manner as that of paragraph 1.

4. The Defendant received approximately one gram of marijuana from the company-affiliated C at the time and place of Paragraph 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Copy of a protocol of suspect examination of police officer C;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Investigation report (the attachment, etc. of photographs of the results of inspection of urinals simple reagents);

1. Application of Acts and subordinate statutes on report of internal investigation (investigation, etc. into the residence of a person under internal investigation);

1. Smoking marijuana under relevant laws on criminal facts: Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, Etc.: Articles 61 (1) 6 and 4 (1) of the Act on the Control of Narcotics, Etc.;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (4,00 won in the market price of smoking and delivery x 4,00 won in a board) is that the Defendant repeatedly committed the instant crime during the grace period, even though he was sentenced to imprisonment with prison labor for the crime of violating the Act on the Control of Narcotics, etc. (mariju) in the Daegu District Court and its racing support on June 4, 2010, and even during the grace period, the Defendant repeatedly committed the instant crime during the grace period, taking into account the circumstances such as the background, means, methods, and recall of smoking.

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