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(영문) 청주지방법원 2017.11.09 2017고단1720

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Records] On November 3, 2016, the Defendant was sentenced to imprisonment for two years with labor for a violation of the Narcotics Control Act (mariana) at the Seoul Western District Court, and the said judgment became final and conclusive on November 11 of the same year after being sentenced to a three-year suspended sentence.

[2] On June 2, 2017, the Defendant smoked marijuana in a way of smoking, i.e., marijuana tobacco produced by putting about 0.5g of marijuana in a 205-dong Cheongju-gu Cheongju-si 205-dong apartment.

around 23:00 on June 3, 2017, the Defendant smoked approximately 0.5g of marijuana in the same manner as above at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (calculated additional collection charges);

1. A written appraisal of each drug;

1. Previous conviction: Application of Acts and subordinate statutes to inquiry, inquiry, text of judgment, and summary information of case;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

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

1. The latter part of Article 67 of the Narcotics Control Act;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: each crime has been committed during the period of suspension of execution due to the same kind of crime, and thus, repeatedly committed. Recognizing errors and reflects on the factors of sentencing that are favorable to o: o. It appears to be an contingent crime. o Other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking into account the factors of sentencing under Article