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(영문) 서울북부지방법원 2013.08.20 2013고정1870
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 19:00 on January 15, 2013, the Defendant, at the dormitory of the C company located in Sacheon-si B, as well as D, E, and F, Uzbekistan, and at the dormitory of the C company located in Sacheon-si B, the Defendant inhaled the marijuana equivalent to 0.5g of the said D, by inserting it in a tobacco package.

The Defendant, in collusion with the above D, E, and F, smoked marijuana as above.

2. At around 19:00 on January 30, 2013, the Defendant, along with the above D, E, and F, injected the smoke by inserting in a tobacco dog the amount equivalent to 0.5g of marijuana possessed by the said D, E, and F.

The Defendant, in collusion with the above D, E, and F, smoked marijuana as above.

3. At around 19:00 on February 15, 2013, the Defendant smoked marijuana in a way that, in the vicinity of the H office located in Sacheon-si G, G, the amount equivalent to 0.5g of the hemp plant 0.5g, dry from the foregoing D, by inserting it in a tobacco dog, with a fire added thereto.

4. At around 19:00 on March 23, 2013, the Defendant smoked marijuana in a way that, in the vicinity of the said H office, the flusium fested from the said D was put in a tobacco dog by inserting the smoke in a flusium and then inhales it.

Summary of Evidence

1. Defendant's legal statement;

1. As a result of the simplified drug inspection, a statement of narcotic appraisal;

1. Application of Acts and subordinate statutes concerning monthly trends of narcotics to the Supreme Prosecutors' Office in March 2013;

1. Article 61(1)4 (a) and Article 3 subparag. 10 of the Act on the Management of Narcotics, Etc., for the Prevention of Criminal Facts, and Selection of Punishment; Article 30 of the Criminal Act (the point of each smoking in marijuana around 19:00 and around 19:00 on January 15, 2013); Article 61(1)4 (a) and Article 3 subparag. 10 of the Narcotics Control Act (the point of each smoking in marijuana around 19:0 on February 15, 2013 and around 19:00 on March 23, 2013) and each fine is imposed, respectively;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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