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(영문) 부산지방법원 동부지원 2018.04.10 2018고합14
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who smokes marijuana shall smoke it;

around 05:00 on September 27, 2016, the Defendant made a tobacco pipe in the “D” store located in Gangnam-gu Seoul Metropolitan Government as a stuffing paper, and made a smoke with a string machine with a string machine attached thereto.

The Defendant, in collusion with E, smoked marijuana.

2. No person who uses her inner term “b” may use her inner term -018 (JWH-018) and its remains.

In August 2017, the Defendant, at the Defendant’s house of Busan Shipping Daegu 202, 1702, 2017, put in a general tobacco which was used in a way that the Defendant removed the 'b' sub-titled lux of Non---AB-CHACA (AB-CHACA) from the luxed lux of Non---AB-Cusa (JWH-018), and then inhaled the luxic luxic lux of Non-AB-Cusa (AB-CHACA), and used it in a way that inhales the smoke by attaching it to it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Police seizure records;

1. Report on investigation by the prosecution (related to the calculation of additional collection charges);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 61 (1) 4 (a) and Article 3 subparag. 10 of the Act on the Management of Narcotics, Etc., Article 30 of the Criminal Act (the point of smoking marijuana and the choice of imprisonment), Article 59 subparag. 5 and Article 3 subparag. 5 and Article 2 subparag. 3 (a) (the point of using a similar body) of the Act on the Control of Narcotics, etc.;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment prescribed for a crime of violating the Act on the Control of Narcotics, Etc. with heavy punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (based on the calculation of the amount of the additional collection = 3,000 won per hemp 1 minute JWH 20,000 won per minute);

1. The order of provisional payment;

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