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(영문) 인천지방법원 부천지원 2017.06.23 2017고단125

마약류관리에관한법률위반(대마)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

3,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[2017 Highest 125]

1. On October 27, 2016, the Defendant stolen the victim’s property by taking advantage of the cresh in which the victim was a victim’s possession of cash, 90,000 won and clothes, and cosmetics, etc., which were in the victim’s possession of the victim, at around 240,000 won, from the “F cafeteria operated by the victim of the damage in Yami-gu, Seocheon-si, Seocheon-si, Seoul.”

2. The Defendant is not a handler of narcotics, in violation of the Narcotics Control Act.

On January 2, 2017, the Defendant smoked marijuana at the street near the H entrance parking lot located in Dongducheon-si, by attaching a smoke to one cigarette containing the fluor of marijuana to a smoke.

[2017 Highest 631] On October 15, 2016, the Defendant opened and intruded into a cafeteria that was not corrected for the purpose of thefting property from the victim’s cafeteria operated by Gyeyang-gu Incheon, Gyeyang-gu around 06:00 on October 15, 2016, and did not have any property to be stolen but did not have any property to be stolen.

Summary of Evidence

[2017 Highest 125]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (verification of CCTV at the scene of the case and flight direction);

1. A simplified test report and a reply to a request for appraisal;

1. On-site photographs of the case, and data on video images recorded on the site of the case [the top 631]

1. Statement by the defendant in court;

1. Written Statement;

1. Application of the Acts and subordinate statutes to CCTV photographs, such as photographs at the scene of damage;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 329 (Aptitude of imprisonment, Selection of Imprisonment), 342 and 330 (a) of the Criminal Act (the attempted larceny of intrusion on night buildings) of the same Act, and Articles 61(1)4 (a) and 31 subparag. 10 (the point of smoking marijuana and the choice of imprisonment with prison labor) of the Narcotics Control Act (the point of smoking marijuana, the point of smoking) of the same Act;

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. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Special cases concerning the promotion of litigation, etc. to dismiss an application for compensation;