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(영문) 창원지방법원 2019.02.13 2018고단3277

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

Punishment of the crime

On June 27, 2018, the Defendant, along with B and C, deducted tobacco belonging to the E Park located in Chungcheongnam-si, Chungcheongnam-si, Kim Jong-si, and smoked marijuana in a way of smoking in the way of mashing it by inserting it by inserting it into the mari volume (one smoking minute 0.05 g).

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The application of Acts and subordinate statutes on the photograph of telephone recording, investigation report (the photographing of a place where the hemp plant is delivered), and the details of each telephone call;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Fine) of the same Act;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime; and (b) the sentence as ordered.

Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

No defendant has been punished for a crime related to narcotics.

The crime of this case is committed once against marijuana smoking, and the defendant did not detect marijuana ingredients as a result of salvine and maternity appraisal.