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(영문) 춘천지방법원 원주지원 2019.09.24 2019고정69
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 2017, the Defendant, who was in possession of marijuana, discovered marijuana that were born in the mouth B located on the river base of the police officer, and collected the frious marijuana and possessed it until the first patrol officer on February 2018.

2. On February 2, 2018, the Defendant smoked marijuana in a manner of inhaleing the smoke by attaching the smoke to the influent marijuana at a hotel in the People’s Republic of China’s Republic of China, located in a special administrative autonomous Gu of Makao.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Written consent for collecting urines and hairs;

1. Each investigation report (Evidence List Nos. 21 through 24, 30) / (Evidence List No. 21 to 24, and 30) / The defendant and his defense counsel do not have smoked marijuana, and the reason for detection of marijuana in the defendant's hair is by second-hand smoke. However, in full view of the fact that the defendant was found to have smoked marijuana only by the evidence adopted and examined by this court, taking into account the fact that the defendant was the provider of the cause of second-hand smoke, and the person designated as the smoking smoke by second-hand smoke, and that the defendant's hair was detected in the defendant's hair, and that the defendant led to the confession of smoking in the prosecutor's office, it is sufficient to admit that the defendant smoked

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Prevention of Narcotics, Etc., Article 61 (1) 6 of the Narcotics Control Act and Article 4 (1) 2 of the Act on the Management of Narcotics, etc., and Selection of a fine for each crime;

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

1. Articles 70 (1) 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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