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(영문) 서울북부지방법원 2018.04.04 2018고단380
마약류관리에관한법률위반(향정)등
Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 05:00 on March 1, 2015, the Defendant, within the Defendant’s house (Seoul Songpa-gu and 204) of Songpa-gu Seoul and 204, took part in the meconcinary mental drug 0.05g, which is a part of the music industry, of the meconcinary plastic drug -.05g, which is a part of the music industry.

2. Violation of the Narcotics Control Act;

A. At around February 28, 2015, the Defendant: (a) 22:30 on February 28, 2015, the Defendant sent approximately 1g of hemp, which was wraped to the said D, in front of the said Defendant’s home, to the said D, without compensation.

B. Around January 20, 2018, the Defendant, within the Defendant’s house of Yongsan-gu Seoul Special Metropolitan City Etel 505, made the hemp seed coats 0.5g, cut off to a pipe-shaped, and smokeed in the said marijuana by attaching it to the rash.

(c)

At around 13:45 on January 24, 2018, the Defendant, within the Defendant’s house, 505 of the above Etel, carried the hemp seed and its c23.02g in total, by putting 323g of the hemp seed in plastic studs and sliding in plastic strings, and putting them in a mobile strings by inserting at least 0.02g of the hemp seed coats into a mobile strings, for the purpose of smoking later.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Protocols of police seizure and list of seizure;

1. A report on investigation (to be accompanied by a report on investigation and a response to a request for appraisal by a State);

1. Written response to the Seoul Nowon Police Station (written response to the request for appraisal by the National Institute of Scientific Investigation);

1. Application of Acts and subordinate statutes to a investigation report (related to the calculation of an additional collection charge);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, Article 61(1)6, and Article 4(1)2 of the Narcotics Control Act (selected of imprisonment with prison labor), Article 61(1)4(1)4(a) of the Narcotics Control Act.

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