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(영문) 창원지방법원 2016.04.07 2016고합35
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

52,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2016 Gohap 35]

1. No person who violates the Narcotics Control Act shall smoke marijuana;

On February 14, 2016, around 18:30 on the 14:2.18:30, the Defendant stopped on the street of the D Hospital in Kimhae-si, and smoked in the EN-si car of the Defendant’s driving, with the maero of the unknown quantity of marijuana at a gambling place.

2. No person who violates the Narcotics Control Act shall possess or use any psychotropic drugs;

A. The Defendant, at the same time and place as set forth in paragraph 1, smoked in a synthetic marijuana XLR-11 (hereinafter “synthetic marijuana”), which is a native mental medicine that was delivered by the ship’s captain F, with an unknown quantity written off in gambling.

B. On February 17, 2016, around 09:57, the Defendant stated the Defendant’s house located in Kimhae-si G 103 202 Dong, G, 103, 202, in the indictment of synthetic marijuana approximately 132.2g, which is a local mental medicine, delivered by F, inside the safe of the Defendant and the Defendant’s home, as stated in the indictment of approximately 132.5g, but it is obvious that the record is a clerical error.

the custody and possession of the same.

[2016 Gohap 41]

3. On May 2015, the Defendant violated the Narcotics Control Act (marijuana) smoked from the Defendant’s home on May 2, 2015, at the Defendant’s home as indicated in Article 2(b) by inserting the beginning of one cigarette, and then inserting the marith in a quantity that cannot be known on the her home and attaching the frith to it.

Summary of Evidence

[2016 Gohap 35]

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each letter of appraisal of narcotics (2016 high 41);

1. Statement of the defendant in the first trial protocol in the order of 2015 High Court Order 3028 cases before consolidation;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 61(1)4 (a), Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of each imprisonment), Article 59(1)5, Article 3 subparag. 5, and Article 2 subparag. 3 of the Act on the Control of Narcotics, Etc.

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