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(영문) 창원지방법원 2018.08.08 2018고단1413

마약류관리에관한법률위반(대마)

Text

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

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

Reasons

Criminal facts

No person shall smoke or take in marijuana or marijuana seed coats.

However, Defendant 1 smoked the hemp as follows.

1. On December 24, 2017, around 23:00, the Defendant: (a) placed in the small wave in the corridor of the fifth floor of the 5th floor of Kimhae-si, Kimhae-si; (b) placed the flusian nationality into the tobacco in which the Defendant had the flusium volume, and smoked marijuana in a way that the flusian nationality was cut off by attaching the flusium to it.

2. On January 2, 2018, the Defendant smoked the hemp in the said manner at the places indicated in paragraph (1) around 23:00.

3. On February 15, 2018, the Defendant smoked the hemp in the said manner at the places indicated in paragraph (1) around 22:00.

4. On March 6, 2018, the Defendant smoked the hemp at the places indicated in paragraph 1, around 21:00, in the same manner as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) (excluding punishment) of Article 3 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Preliminary Punishment;

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 reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. include: (a) the Defendant’s mistake in depth is divided and reflected; (b) the motive and circumstances leading to each of the crimes of this case exist; and (c) there are no records of criminal punishment in Korea; and (d) the Defendant’s means and results of each of the crimes of this case; (b) the conditions for various kinds of sentencing as indicated in the records and arguments, including the circumstances after the commission of the crime; (c) the Defendant’s age; (d) sexual conduct; and (e) the intelligence