logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.25 2017고단1719
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Between June 15, 2015 and around 16:00 to June 16, 2015, the Defendant, who received marijuana, received marijuana in the form of vinyl 10g from E in the Defendant’s residence located in Gangnam-gu Seoul, Gangnam-gu and 1202, and received marijuana from E, as well as from that time until August 16, 2016.

1. As described, the hemp was received five times in total.

2. The Defendant of marijuana smoking: (a) around 04:00, on June 6, 2015, put in the 101-dong 501-dong 101, Gangnam-gu Seoul Metropolitan Government F apartment of 101, on the mari-gu, the smoking machine, with a stringer, with a stringer attached to the ma in a way that the smoke would turn off with the e in a way that the stringer would turn off with the ma, and (b) from that time, smoked the ma from that time until August 16, 2016.

2. As described, marijuana was smoked six times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Each protocol of seizure and list of seizure (Evidence Nos. 8, 9);

1. As a result of the appraisal of each drug, the applicable Acts and subordinate statutes on individual immigration status;

1. Relevant legal provisions and Articles 61(1)6, 4(1)2 (the point of receipt of marijuana), 61(1)4 (a), and 3 subparag. 10 (a) (the point of receipt of marijuana) of the Act on the Protection of Narcotics, Etc. for Criminal Crimes, Article 30 of the Criminal Act (applicable to partial smoking of marijuana), and each of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. 6,00 won [3,835,200 won in total (94g x 40,800 won in total) per 1g of marijuana received in accordance with paragraph (1) of the holding holding) under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (the list of crimes of paragraph (2) of the holding;

2. The defendant's reason for sentencing is that the sentencing of 1, 6-years (the sequence 1, 6-years and the sequence 2 through 5 above shall not be collected separately as smoking in marijuana received earlier).

arrow