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(영문) 서울동부지방법원 2013.11.27 2013고단2594
마약류관리에관한법률위반(향정)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, by a fine of five million won for each of the defendants B and C.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On July 20, 2013, around 23:00, the Defendant smoked marijuana in a way that sets about 0.5gs of marijuana on the gambling place, along with G and H, at around 1316 Dong 1007, the F building at Namyang-si, Namyang-si, and that the Defendant smoked marijuana by attaching a fire to a stop.

B. The Defendant, at the same time and at the same place with G and H, put approximately 0.05 g of psychotropic drugs in a glass pipe, and administered philophones in a way of spreading a smoke generated by heating them with a camera.

C. On July 24, 2013, the Defendant: (a) around 20:0, around 200, around 0.05 g of philopon, together with H, J, and K, from the first floor of the building located in Namyang-si, Nam-si.

was administered in the same manner as the paragraph.

2. On July 16, 2013, Defendant B and C smoked marijuana in a way that, at around 21:00, Defendant B and C, with H, N, andO, posted approximately 0.5ggs of marijuana on the gambling place in Songpa-gu Seoul, and added a fire to a smoke to a stop.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of suspect examination of the police with regard to H or N attached to investigation report (a copy of the protocol of suspect examination of H or N);

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to an investigation report (opphonephones and the market price report of the hemp plant);

1. Defendant A of the pertinent Act on the Control of Narcotics, etc.: Articles 60 (1) 2, 4 (1), 2 subparag. 3 (b), 61 (1) 4 (a), and 3 subparag. 10 of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act: Articles 61 (1) 4 (a) and 3 subparag. 10 of the Act on the Control of Narcotics, etc.; Article 30 of the Criminal Act

1. Defendant A who is selected to impose imprisonment: Defendant B and C who is selected to impose a fine;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (as to the defendant A);

1. Articles 70 and 69(2) of the Criminal Act for detention in a workhouse (defendant B and C);

1. Article 62 (1) of the Criminal Act (or Article 62 (1) against Defendant A);

1. Additional collection:

(a) each;

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